Powell v. State

Appellant, in the court below, was charged by affidavit, tried and convicted of having in*259toxicating liquor in his possession. §8356d Burns’ Supp. 1921, Acts 1921 p. 736, §1, amending §4, Acts 1917 p. 15, §8356d Burns’ Supp. 1918.

The affidavit was in two counts. The first charged unlawful possession of intoxicating liquor, and the second, the unlawful receiving of intoxicating liquor from a carrier. The second count was withdrawn from the jury.

Appellant’s motion in arrest, on the ground that the affidavit did not state facts sufficient to constitute a public offense, was overruled. This…