King v. State

This was a prosecution for violation of the Prohibition Law, ch. 4, Acts 1917 p. 15, §8356a et seq. Burns’ Supp. 1918. . There were two affidavits filed, one of which consisted of four counts numbered 1, 2, 3 and 4 respectively, and the other of four counts, numbered 2, 3, 4 and 5 respectively. There was a trial by the court, without a jury, which resulted in a finding of guilty, as-charged in count 2, without designating upon which of the counts numbered 2 it was based. Judgment was rendered upon the finding.

Defendant moved for a new trial, which was overruled, and he then appealed,…