Miller v. State

The defendant was indicted at the April term, 1934, of Whitfield superior court for possessing liquor. He was tried and convicted at the October term, 1934. The brief of evidence, approved by the trial judge as being correct, and contained in the record before this court, tends to show that on the “-day of-, 1934,” the defendant possessed liquor. Counsel for the defendant argues in this court that because the evidence did not disclose that the illegal act,—possession of liquor,—testified about occurred prior to the return of the indictment, the judge erred in failing to grant a new trial. The…