State v. Zink

Lively, PRESIDENT:

Having overruled a demurrer to the indictment the circuit court, upon joint application of defendant’s counsel and the prosecuting attorney, certified his ruling to this court for review.

The indictment, in substance, charges that defendant, John Zink, at the January term, 1923, of the Circuit Court of Marshall County, was indicted for having in his possession a quantity of moonshine liquor, and was duly tried, convicted and sentenced on said charge at the September term, 1923, thereof; and that said defendant on the.day of April, 1924, did unlawfully and feloniously have in…