State v. . Sparks

The indictment contains five counts, three of which, in view of the verdict, we need not consider. In the first count the defendant is charged with the unlawful sale of spirituous liquor, and in the-second, with having such liquor in his possession for the purpose of sale. The jury acquitted him on the first count and convicted him on the-second. In charging the jury, after stating certain contentions arising upon the evidence, his Honor said, “We know that the sale of whiskey was made and was proved by witness who made the purchase, and who identifies the defendant as being the person who…