Pennybaker v. State

M‘Kinney, J.

This was an indictment for retailing spirituous liquors without a licence. Plea, not guilty; and, by consent, the cause was submitted to the Court without the intervention of a jury. The defendant was found guilty, and judgment rendered against him'. A bill of exceptions, taken to the opinion of the Court overruling a motion for a new trial, furnishes the evidence upon which the judgment of the Court was founded.

A single question is presented for our consideration. Can the judgment be sustained on evidence that the whisky, charged in the indictment to have been sold by the…