Newbauer v. State

Appellant was charged by affidavit with driving an automobile upon a public highway while under the influence of intoxicating liquor, in DeKalb County, on November 1, 1925. He was found guilty by a jury. Judgment of fine and imprisonment in the county jail was rendered on the verdict.

The first assignment of error is that the court erred in overruling the defendant’s motion to quash the affidavit. The motion to quash stated that the affidavit was not verified, as it was subscribed and sworn to before Charles S. Smith, notary public, and that, at the time, he was a deputy prosecuting attorney…