Voss v. State

Sm:ith, C. J.,

delivered the opinion of the court.

This is an appeal from a conviction for the sale of intoxicating liquor. After proving one sale of intoxicating liquor, the state, over the objection of the appellant, was permitted to prové another and distinct sale of such liquor.

At the close of the evidence, the appellant moved the court to compel the state to elect on which of the sales it would ask a conviction, and it elected to ask for a conviction on the sale first proven.

The indictment alleges that the appellant sold intoxicating liquor, “on the — day of-, A. D., 1925,” and…