Souerdike v. State

Appellant was prosecuted by affidavit under Acts of 1939, ch. 48, §52 (b), being §47-2001 (b), Burns’ 1940 Replacement. He was tried by the court, found guilty as charged, fined $25 and sentenced to the Indiana State Farm for a period of sixty days. The court also recommended that his driver’s license be suspended for a period of 120 days.

The sole assignment of error is the overruling of appellant’s motion for a new trial. Three grounds are alleged to support said motion.

First: Appellant contends that the court erred in overruling his motion for a continuance.

The affidavit upon which…