Lodyga and Mantych v. State

This prosecution was begun January 25, 1926. The date of each offense named in the affidavit is “on or about the — day of April, 1925.” The State’s evidence fixes the date April 24, 1925. On proclamation of the Governor, the acts of 1925 were not in force until 4 o’clock p. m. April 25, 1925.

Looking to the affidavit, appellants were charged in four counts with: (1) Unlawfully having in their possession and under their control a still and distilling apparatus for the manufacture of ■ intoxicating liquor, ch. 33, Acts 1923 p. 107; (2) unlawfully manufacturing intoxicating liquor, ch. 23, Acts…