McHugh v. State

The appellant was indicted and convicted of the unlawful purchase and receipt of intoxicating liquor, in violation of Acts 1925, ch. 48, §4, §2717 Burns 1926. The judgment was that he be fined in the sum of $100, be imprisoned at the Indiana State Farm for a period of 30 days, and pay the costs. On appeal, he has assigned as errors that the court erred in overruling his plea in abatement and in overruling his motion for a new trial.

After the defendant had entered a plea of not guilty, he filed a motion to withdraw this plea. As a part of that motion, he made the following statements: “The…