DocketNumber: 1 Div. 656.
Judges: Samford
Filed Date: 9/7/1926
Status: Precedential
Modified Date: 10/19/2024
The prosecution was begun by affidavit, and charged that defendant did buy, sell, have in possession illegally, give, barter, exchange, receive, deliver, carry or ship prohibited liquors, contrary to law. Demurrer to this complaint was overruled, but before the trial proceeded to the jury the solicitor, by permission of the court, amended the affidavit by striking therefrom the allegation that the defendant "did buy" prohibited liquors. This cured the error of the court in overruling the demurrer to the complaint.
Under section 4646 of the Code of 1923, the affidavit may be amended to meet the ends of justice and to prevent a dismissal of the case upon any informality, irregularity, or technicality. A reverification of the charge was unnecessary. Nelson v. State,
Much evidence is set out in the record touching the court's action in setting aside an order of continuance, already entered, and requiring the defendant to go to trial at that term of the court, and in this it is urged that the court abused the discretion which must ever rest in the trial judge. We have read the record carefully and without commenting at length thereon we must hold in this case that there is no such abuse of power shown as would authorize this court to say that the trial court committed error in this regard. Brown v. State,
It is insisted that error arose on the trial when the several state's witnesses were allowed to testify as to the smell and taste of the whisky found. We have held in at least two cases (Anderson v. State,
We find no prejudicial error in the record, and the judgment is affirmed.
Affirmed.