Keeth v. State

Appellant was charged by indictment in three counts with the violation of the acts of 1917 (Acts 1917 p. 15, §8356a et seq. Burns’ Supp. 1921) commonly known as the Prohibition Law. Count one was for unlawfully selling under §4 of the act. Count two was for unlawfully manufacturing under §4. Count three was for maintaining a nuisance under §20. Each count charged the violation of the law on February 22, *5501922. At the close of the state’s evidence, the defendant moved to require the state to elect on which of three transactions proved, occurring on February 20, 21, or 22,1922, it expected…