Griffin v. State

KRUEGER, Judge.

The conviction is for sale of intoxicating liquor in dry area. The punishment assessed is confinement in the county jail for a period of nine months.

Appellant’s first complaint is that the court erred in declining to instruct the jury to return a verdict of not guilty because the complaint, which is the basis of this prosecution, is made by affiant upon information and belief and is therefore insufficient under Art. 1, Sec. 5 of our Constitution. That an indictment for perjury could not be sustained on an affidavit made on information, and belief even though it was false. Art.…