Bepley v. State

This was a prosecution for a nuisance, under the 17th section of the act of March, 1853, regulating the retail of spirituous liquors. Trial by jury. Verdict and judgment for the state.

A motion to quash made before trial was correctly overruled. In form the proceedings are similar to the case of Lindville v. The State, decided at the November term, 1852 (1); and for the reasons there given are substantially good.

There was evidence tending to prove that Befley, on a single occasion, sold liquor by a less quantity than a gallon, and suffered it to be drank in his house. It appeared also that he…