Thompson v. State

Under §§4 and 24 of the act of 1925 (Acts 1925 p. 144, §§2717 and 2740 Burns 1926), appellant was charged by affidavit in two counts: (1) Unlawful possession of intoxicating liquor; and (2) maintaining a common nuisance. Trial resulted in a conviction on each count.

On appeal, the only error assigned and presented is the action of the court in overruling motion for new trial.

It appears from the uncontradicted evidence that the premises occupied by appellant consisted of a two-story house, the lower story being known and designated as 405, and the upper story as 405)^ “South Second street,…