The affidavit on which appellant was prosecuted charged that on October 23, 1922, at Fayette county,- Indiana, he had in his possession three gallons of white mule whisky, which was alleged to be intoxicating liquor. The motion to quash the affidavit should have been sustained. Powell v. State (1923), 193 Ind. 258, 139 N. E. 670.

The judgment is reversed, with directions to quash the affidavit.