State v. Wambold

I. The indictment alleges that the offenses were committed January 1, 1885, and the evidence tended to show unlawful sales about that time, and at prior times like sales in a different building. The district attorney confined his claim for conviction to the sales first made. The court directed the jury that they were authorized to convict for unlawful sales made any time within three years prior to the finding of the indictment. The defendant, by objections to the instructions, and in a motion for a new trial, insisted that he could be convicted only for the offense last committed. His…