Smith v. State

Appellant was convicted of an alleged offense, that he did on August 9, 1923, “unlawfully keep intoxicating liquor, to wit: two gallons of ‘white mule whiskey’ with intent to sell the same, contrary * * *” etc.

Before trial appellant unsuccessfully moved to quash the affidavit which charged the alleged offense, because it appeared upon the face thereof that the facts stated in the affidavit do not constitute a public offense, for *687the reason that the statute which defined the offense has been repealed (§4, Acts 1917 p. 15, as amended §1, Acts 1921 p. 736, as amended §1, Acts 1923 p. 70) and…