Murphy v. People

The count of the indictment under which appellant was convicted, charges that appellant, on the third day of August, A. D. 1877, at, etc., “ intoxicating liquors to one Patrick Leahy, then and there being a person who was then and there in the habit of getting intoxicated, did then and there sell, contrary to the form of the statute,” etc.

The first point urged as ground for reversing the conviction is, the proof does not show that Patrick Leahy was in the habit of getting intoxicated at the time the liquor was sold to him; that, though he may have had such habit at some former time, this will…