Opinion
No. 13,625.
Filed April 3, 1929.
APPEAL — Exception to Ruling not Shown — Judgment Affirmed. — Where the only error assigned is the overruling of appellant's motion for a new trial, and appellant's brief does not show any exception to the ruling on such motion, the judgment will be affirmed.
From Vanderburgh Circuit Court; Charles P. Bock, Judge.
Mattie Payne was convicted of having unlawful possession of a still or distilling apparatus for the manufacture of intoxicating liquor, and she appealed. Affirmed. By the court in banc.
James H. Meyer and Posey T. Kime, for appellant.
Arthur L. Gilliom, Attorney-General, and Bernard A. Keltner, Deputy Attorney-General, for the State.
This was a prosecution by the State of Indiana against appellant upon affidavit charging the unlawful possession of a still or distilling apparatus for the unlawful manufacture of liquor.
The appellant was not represented by an attorney, was tried by the court, and found guilty of possession of a still as charged in the affidavit, fined $100 and committed to the Indiana Woman's Prison from one to five years.
The appellant filed a motion for a new trial alleging: (1) That the finding of the court is contrary to law; (2) that the finding of the court is not sustained by sufficient evidence. The court overruled the motion for a new trial.
There is ample evidence in the record to support the court's finding and judgment.
Judgment affirmed.