Potter v. State

Appellant was, by indictment, charged with the offense of maintaining a nuisance, a place where intoxicating liquors were sold, manufactured, bartered and given away in violation of law, and where persons were permitted to resort for the purpose of drinking intoxicating liquors as a beverage.

A trial by jury resulted in a conviction. Appellant’s motion for a new trial, challenging the sufficiency of the evidence to sustain the verdict and the refusal of the court to give appellant’s requested instruction 10, was overruled.

The uncontradicted evidence conclusively shows that appellant did…