Hardin v. State

The judgment of conviction in the lower court was based upon an affidavit charging the defendant with the offense of violating the prohibition laws of this State. The warrant was made returnable to the circuit court, in which court the trial was had without the intervention of a jury.

The affidavit contained several alternate averments; but the trial was based upon the specific charge of having in possession certain intoxicating liquors; and there was no evidence adduced upon the trial to sustain either of the other averments in the affidavit, nor was any attempt made to do so.

The facts in…