Hawks v. State

Appellant, a druggist and licensed pharmacist, was tried by the court below, without the intervention of a jury, for selling a quart of whisky without a physician’s prescription therefor, or an application written and signed by the purchaser, in violation of §2 of the act of 1907 (Acts 1907 p. 689, §8352 Burns 1908). Prom a conviction in the trial court he appeals, and assigns error on the action of that court in overruling his motion to quash the affidavit on which he was tried and in overruling his motion for a new trial.

To the extent that the motion to quash and the ruling thereon are…