Dougherty v. State

Appellant was convicted upon an affidavit 1 drawn under §2447.2, Burns Ann. Ind. St. Supp. 1929, §10-703, Burns Ind. St. Ann. 1933, §2441, Baldwin’s 1934, Acts 1927, ch. 49, §1, p. 131, 2 which defines as an offense the possession of burglar tools with intent to commit a burglary by a person previously convicted of a felony. He assigns as error: (1) the overruling of his motion in arrest of judgment; and (2) the overruling of his motion for new trial. The motion in arrest of judgment is upon the ground that “the facts stated in the affidavit do not constitute a public offense under the laws…