Kyle v. State

Robinson, J. —

Appellant was convicted of giving away intoxicating liquor in a drug store without a prescription. He assigns as error the overruling of his motion for a new trial. A new trial was asked on the gounds that the verdict was contrary to the law and evidence, and was not sustained by sufficient evidence.

The section of the statute upon which the prosecution is based reads: “It shall be unlawful for any spirituous, vinous, or malt liquors to be sold or given away in any drug store in any quantity less than a quart at a time, except on the written prescription of a reputable practicing…