People v. Avery

The information is that defendant “did keep and maintain a place for the unlawful storage, possession and sale of intoxicating liquor.'” Defendant brings error.

Complaint is made of the court’s instructions relative to the offense charged. The court read to the jury the statute, which speaks of the offense as keeping a place. Section 2, Act No. 338, Pub. Acts 1917 (2 Comp. Laws Supp. 1922, § 7079 [2]). The court later in the charge spoke of keeping or maintaining a place. After the jury had been out for a time they returned into court and the following:

“The Foreman: I am not satisfied now that…