188 Ind. 510 | Ind. | 1919
— Appellant was charged by affidavit with having intoxicating liquor in his possession with intent to sell, etc. Acts 1917, ch. 4, p. 15, §4. He was tried by jury, verdict of guilty was returned, and judgment rendered thereon. The errors assigned and relied on for reversal are: (1) The court erred in overruling appellant’s motion to quash the affidavit. (2) The court erred in overruling appellant’s motion for a new trial. (3) The court erred in overruling appellant’s motion in arrest of judgment. - -
Appellant’s motion to quash the affidavit is based upon the ground that “the facts in said affidavit do not constitute a public offense.” Appellant claims under this heading of error that the affidavit is bad because it fails to negative all of the exceptions in the statute.
Appellant’s explanation of how he came into possession of this liquor is one that the jury, from the circumstances in this case, had a right to disbelieve. • They had a right to believe the motorman, who testified that he saw appellant carrying this box when he boarded the car, and that it was the same box that the officers took off the car at Winchester. Appellant’s explanation of how he came into possession of the liquor found stored about his clothing is rather remarkable. From appellant’s whole story the jury had a right to believe that he was giving a false explanation both as to the ownership and possession of the liquor. Then the next step to infer the unlawful intent seems to us rather easy. We think the evidence was entirely sufficient to show that appellant was the owner of the liquor in question, and that he had it with the intent to unlawfully dispose of it. The court did not err in overruling appellant’s motion for a new trial.
The judgment of the trial court is- affirmed.
Note. — Reported in 124 N. E. 748.