Klysz v. State

The two appellants, jointly with Mike Nagy, were prosecuted by affidavit, in two counts, for unlawfully: (1) Possessing intoxicating liquor; and (2) maintaining a common nuisance, §§4 and 24, ch. 48, Acts 1925, §§2717 and 2740 Burns 1926.

Trial by the court resulted in the conviction of the appellants on the second charge and in their acquittal on the first charge. Nagy, who is not a party to this appeal, was convicted on the first charge and acquitted on the second.

Appellants assign as error the overruling of their motion for a new trial. One of the fifty-three alleged grounds for this…