State v. Baumgardner

The opinion of the court was delivered by

Johnston, C.’ J.;

The defendant was prosecuted for the violation of the cigarette law. There were three counts in the information — the first, for selling; the second, for having in possession for sale and distribution; and the third, for selling cigarette papers. He was found guilty on the second count, of having cigarettes and cigarette papers in his possession for sale and distribution. Motions for a new trial and in arrest of judgment were made and overruled. Defendant appeals.

The principal complaint is that the count of the information on which he…