State v. Lewis

An affidavit was filed against appellee which charged that on December 8, 1922, at a place named, he and another did “unlawfully have and keep in their possession intoxicating liquor with intent then and there unlawfully to sell, barter, exchange, give away, furnish and otherwise dispose of the same to persons to the affiant unknown.” Appellee filed a motion to quash this affidavit for the alleged reasons that the facts stated did not constitute a public offense, and that the affidavit did not state the offense with sufficient certainty, which motion was sustained by the trial court. Appellee…