Scherer v. State

— Appellant was charged by affidavit, tried and convicted by a jury in the court below, with keeping, running and-operating a place where intoxicating liquors were sold, in violation of §8351 Burns 1914, Acts 1907 p. 689.

1. 2. Appellant has appealed to this court and insists: (1) That the trial court erred in overruling his motion to quash the affidavit. In support of this claim, he makes the point that the affidavit does not specifically show that he was not licensed to sell liquor as provided by law. As á basis for this insistence our attention is called to the recital “not then and there…