Gillenwater v. State

The affidavit under which appellant was prosecuted contained four counts, but the verdict found only that he was “guilty as charged in the first count,” and fixed his punishment at a fine of $500 and imprisonment for six months. Judgment was rendered accordingly. Overruling the motion for a new trial is the only alleged error presented for consideration, under which appellant has specified the refusal to give certain instructions, as requested, the admission of certain items of evidence, and the alleged insufficiency of the evidence to sustain the verdict. The first count of the affidavit…