189 Ind. 114 | Ind. | 1920
The appellant was convicted of having intoxicating liquor in bis possession with intent to sell, barter, exchange, give away, and otherwise dispose of the same to persons within the State of Indiana in violation of §4, cb. 4, Acts 1917 p. 15, §8356a et seq. Burns’ Supp. 1918, known as tbe Pro
The appellant filed a motion in arrest of judgment assigning as cause therefor that the facts stated in the affidavit and in the second count thereof did not constitute a public offense for the reason that the Prohibition Act, ch. 4, Acts 1917 p. 15, supra, is unconstitutional, and also that the affidavit in this case is not an affidavit, because the name of the officer before whom the affidavit was sworn is affixed to the jurat of the affidavit with a rubber stamp. This motion was overruled and the defendant excepted. Appellant filed a motion for a new trial, which was overruled, and appellant excepted. The court then entered judgment oh the finding, and from such judgment the defendant appeals, and alleges that the court erred in overruling appellant’s motion to quash the second count of the affidavit, and in overruling appellant’s motion in arrest of judgment, and in overruling appellant’s motion for a new trial.
• In this case it was competent for the state to prove that the offense was committed within two years immediately preceding the filing of the affidavit. §1890 Burns 1914, Acts 1905 p. 584, §23.
Appellant also alleges that the finding of the court is contrary to law, and that the finding of the court is not sustained by sufficient evidence.
The défendant introduced no evidence. The testimony of the officer is not disputed: The defendant’s statement that he thought he could'make some money on the whisky, we think, shows an intention on his part to sell it. No other reasonable construction can be put on such statement. There is some evidence to sustain every material allegation in the second count of the affidavit upon which the defendant was found guilty. The finding is therefore sustained by sufficient evidence, and the judgment is not contrary to law.
Judgment affirmed.