Appellant, a licensed retailer of intoxicating liquors, was charged by affidavit with having on March 14, 1907, at Clinton county, Indiana, violated the provisions of section two of the statute commonly known as the Nicholson law (Acts 1895, p. 248, §8325 Burns 1908). The affidavit charged that he had been licensed under the laws of the State of Indiana, by the board of commissioners of Clinton county, to sell intoxicating liquors in a less quantity than five gallons at a time; “that while engaged, under said license, in the sale of such liquors, he did then and there unlawfully fail and neglect to provide for the sale of such intoxicating liquors in said room separate from any other business of any kind; that he did then and there unlawfully permit certain devices for amusement to be and remain in said room; that he did then and there, while engaged in the sale of such intoxicating liquors in said room, unlawfully permit a certain partition to be and remain in said room, contrary to the form of the statute.” Appellant entered a plea of not guilty. Trial by jury, and a verdict returned, finding him guilty and assessing his punishment at a fine of $100 and imprisonment in the county jail for fifteen days. A motion
We express no opinion in respect to the sufficiency of the affidavit, for the reason that counsel for appellant in their brief do not assail it on the overruling of any motion to quash, nor on the overruling of a motion in arrest of judgment ; neither do they question its sufficiency by an assignment of error in this appeal to that effect.
Judgment affirmed.