Smith v. State

Appellant was convicted of having in his possession unlawfully and feloniously a still for the manufacture of intoxicating liquors to be used in violation of the laws of this state, which was followed by a judgment of a fine and imprisonment. Appellant as*625signs as errors to this court, that the trial court erred in overruling (1) his motion to quash the'affidavit, and (2) his motion for a new trial.

The motion to quash is based upon the reasons that the facts stated in the affidavit do not constitute a public offense, and that, the affidavit does not state the offense with sufficient…