Chizum v. State

Appellant, with Tony Mahoney and two other persons, was charged by affidavit with the alleged offense of automobile banditry. Acts 1929 p. 136, §3, §2548 Burns Supp. 1929. Appellant had a separate trial and was convicted. Judgment and sentence of imprisonment followed. On appeal to this court, he assigns as error the overruling of his motion to quash the affidavit; the overruling of his motion in arrest of judgment; and the overruling of his motion for a new trial.

That part of the affidavit material to the questions presented charged that appellant and others, naming them, “did then and there…