Mueller v. State

Appellant was charged by an affidavit in two counts with violation of the liquor law, viz.: (1) The unlawful manufacture, possession, transportation and sale; (2) maintaining a common nuisance, to wit, a room, etc., where intoxicating liquors were manufactured, sold, bartered and given away, and where persons were permitted to resort for the purpose of drinking intoxicating liquors as a beverage. The court found the appellant guilty under the second count of the affidavit. Appellant assigns error in the overruling of his motion for a new trial and presents two causes: (1) The finding of the…