State v. McCauley

Tbe defendant appeals from a judgment of conviction of tbe crime of keeping' for sale intoxicating liquors for use as a beverage, and from an order denying a motion for a new trial. Tbe defendant specifies as error certain of tbe trial court’s instructions to tbe jury to wbicb tbe defendant filed exceptions in proper time.

Tbe information charged tbe commission of tbe offense “between tbe 1st day of May, 1936, and tbe 1st day of July, 1936.” Tbe court gave tbe following instruction wbicb is challenged by the defendant: “Another material allegation is tbe time of tbe commission of tbe offense.…