Smith v. State

The appellant, Ernest Smith, was prosecuted on an affidavit charging him with having sold intoxicating liquor, on or about the - day of March, 1941, to Noel Wright and Errol Purlee without being the holder of an alcoholic beverage permit, contrary to the provisions of § 12-605, Burns’ 1933 (Supp.), § 3764-31(5), Baldwin’s Supp. 1937. A trial to a jury resulted in his conviction and this appeal is from the judgment entered thereon.

Under the alleged error of the court in overruling his motion for a new trial the appellant has attempted to raise various questions. One question so raised by the…