State v. Upson

Defendant appeals from the denial of his motion for a new trial after conviction of the offense of selling “a pint of moonshine” to one Ludwig Sellner on the evening of February 22, 1924. There is sufficient evidence to make the issue of guilt a fair jury question, so that the right to a new trial, if it exists, must stand upon the presence in the record of prejudicial error.

Defendant is a farmer living with his mother, now over 60 years of age, and his father who is well past 80. The evidence for the state tended to show that the source of supply from which the Sellner sale was made was the…