Brodus v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

As requested in appellant’s motion for rehearing, we have again examined the statement of facts. We cannot agree with counsel that the evidence is insufficient. In our original opinion we attributed to appellant the statement that a certain trail used by the school children “was used by them and no one else." It should have read “was used by them and everybody else.”

By motion in arrest of judgment appellant attacked the law under which the conviction was had as being unconstitutional for permitting a greater penalty than fixed in the Volstead Act (27 U.…