State v. White

The opinion of the court was delivered by

Benson, J.:

This appeal is from a judgment of conviction for maintaining a nuisance. The appellant alleges error in the instructions, and that the evidence is insufficient to sustain the verdict.

The evidence for the state was, in substance, that the appellant took a case of beer to the barn of a neighbor and placed it in the haymow, where there were chairs and a couch and some empty boxes. Afterward he was found there by the sheriff drinking beer and eating crackers with another person. Some empty bottles were found in a case, and some full ones were…