Barbour v. State

The accusation contained four counts. The first charged the sale of liquor; the second, the giving away of liquor to induce trade; the third, the keeping and furnishing of liquor at a public place; the fourth, the keeping on hand of liquor at the defendant’s place of business. These counts, though set out in separate paragraphs, were not numbered. On the trial, and before the introduction of any of the testimony, State’s counsel abandoned the second and third counts as they are set out above, and the jury were informed that no testimony would be submitted under these counts. The court, in his…