Basson v. State of Indiana

This is a criminal action, commenced by an affidavit filed in the Wayne Circuit Court, charging appellant with driving an automobile upon and along a public highway, in Wayne county, Indiana, while under the influence of intoxicating liquor, in violation of §40, Acts 1925, p. 570, as amended by Acts 1927, p. 562, §10141, Burns Supp. 1929 (§11170, Baldwin’s 1934).

Appellant entered a plea of not guilty, and there was a trial by the court, and a finding and judgment of guilty. Appellant filed his motion for a new trial and assigned as reasons therefor, (1) that the finding of the court is not…