State v. Stewart

Defendant was convicted of selling intoxicating liquor for beverage purposes, and appeals from the sentence imposed.

At the close of the case defendant requested the district judge to charge himself as follows: “Where there is an agreement to sell ten pints of liquor for ten dollars the sale is not a complete sale until the whisky is counted or measured and the whisky not having been counted or measured in this case between the buyer and the seller there was no legal sale but an agreement to sell and the defendant cannot be guilty of a sale as charged.” The trial judge refqsed to give this…