Hubbard v. State

Appellant was convicted of an alleged violation of the Prohibition Law. Overruling his motion for a new trial is assigned as error. The affidavit on which the prosecution was based alleged that on May 14, 1923, at Franklin county, Indiana, appellant “did then and there unlawfully keep and have in his possession intoxicating liquor with intent then and there to give away, furnish and otherwise dispose of said intoxicating liquor to E. K. and * * * did unlawfully give away, furnish and otherwise dispose of intoxicating liquor to E. K. contrary,” etc. The undisputed evidence was that four…