Berry v. State

Appellant was prosecuted and convicted upon one count of an affidavit in which he was charged with, unlawfully transporting intoxicating liquor. The trial was by jury and judgment was rendered upon its verdict. Count 2 of the affidavit (all others being- dismissed) was based on §1 of ch. 23 of the acts of 1923, Acts 1923 p. 70, which makes said offense a misdemeanor. Appellant assigns as errors that the court erred in overruling his motion to quash count 2 of the affidavit, his motion for a new trial and his motion in arrest of judgment.

In said count of the affidavit, it was stated, “that…