State v. Rudy

The opinion of the court was delivered by

McElroy, J. :

The appellant was charged in the complaint in justice’s court in four counts with the unlawful selling of intoxicating liquors, and in one count with maintaining a nuisance under the prohibitory liquor law.

At the trial in the justice’s court, after the state had closed its evidence, the county attorney dismissed the prosecution as to the first, second, and third, and elected to rely for a conviction on the fourth and fifth counts. The case was submitted to the jury upon the evidence, instructions, and arguments of counsel. The court…