State v. Smith

The opinion of the «court was delivered by

Porter, J.:

The complaint against Mary Ann Smith contained three counts charging sales of intoxicating liquor; the other was.the ordinary nuisance charge. She was convicted on all four counts and appeals.

It is seriously contended that the conviction on the first count, which charged a sale to Andrew Nolan, can not stand because Andrew testified that he had never told the officers where he bought the liquor until he gave his testimony at the trial; and, therefore, it is argued that defendant was convicted of an offense of which neither the prosecuting…