State v. Adair

GIVENS, Chief Justice.

Appellant was convicted of the misdemeanor of selling intoxicating liquor out of hours in violation of Section 23-927(b), I.C.

He seeks reversal on the ground there was no evidence showing that he, the defendant, was the party who sold the liquor and that, consequently, the court should have directed an absolute acquittal in accordance with State v. McCarty, 47 Idaho 117, 272 P. 695.

The State relies upon identification of the defendant as the party who sold the liquor, upon arraignment of defendant and entry of his plea of “not guilty.” This, of course, is no evidence at…