Earl v. State

Appellant was charged by affidavit and convicted in the court below of the offense defined by §20, Acts 1917 p. 15, §2740 Burns 1926. From a judgment rendered against him, he prosecuted this appeal, assigning as error the overruling of his motion for a new trial wherein, as his only cause therefor, he asserts that the finding of the court was not sustained by sufficient evidence.

It appears from appellant’s brief, under the heading of “Argument,” that five witnesses gave testimony upon the trial of this cause. Three for the state, we infer from what is there said, testified that on two…