Powers v. State

1. In his brief counsel for the plaintiff in error insists that a new trial should be granted because “the burden is upon the State to prove that the offense was committed, if committed at all, prior to the finding of the indictment.” The indictment, which charged the defendant with selling intoxicating liquor, and with keeping it on hand at his place of business, was found at “ September call term, 1921.” The witness for the State, who testified to the purchase of whisky from the defendant swore that he bought the whisky in the February prior to the time he was carried before the grand jury…