Guetling v. State

An affidavit charged that appellant did “unlawfully and feloniously transport certain intoxicating liquors in a certain vehicle, to wit: an automobile,” etc. The case was tried by a jury and a verdict finding him guilty was returned, and judgment was entered accordingly. Overruling appellant’s motions to quash the affidavit and for a new trial, respectively, are assigned as errors.

The sufficiency of the affidavit is challenged for the alleged reasons that: (1) Chapter 34, Acts 1923 p. 108, is invalid by reason of (a) not prescribing a place of imprisonment for those convicted of violating its…