Wischmeyer v. State

Appellant was charged by count one of an affidavit, that on July 2,1923, he unlawfully sold intoxicating liquor, and alleges a former conviction, under Acts 1923, ch. 23, §1. By the second count of the affidavit, he was charged with unlawfully possessing a still for the manufacture of intoxicating liquor, under Acts 1923, ch. 33. In other counts of the affidavit, he was charged with other violations of the laws concerning intoxicating liquors. Appellant moved to quash the affidavit, for the causes that the facts stated in the affidavit do not state a public offense, and that the offense is…