State v. Funk

— Leonard Funk was charged jointly with one Louis Nugent with the crime of bootlegging. Defendant was tried alone, and was found guilty of the lesser included offense of unlawful possession of intoxicating liquor. His motion in arrest of judgment or in the alternative for a new trial having been denied, from a judgment of guilty and sentence thereon, defendant appeals.

Appellant relies upon two propositions, in connection with which he contends the trial court erred to his prejudice. He was arrested on or about’ September 2, 1931, the information against him was filed on the 24th of the same…