Gaul v. People

There are errors in the instructions, but we find from a reading of the evidence in the record itself that defendant was so clearly proven guilty under counts 7, 11 and 25, that in our judgment he was not harmed or prejudiced as to those counts by such errors in instructions. For instance, the fourth and eighth instructions permitted a conviction for keeping a common nuisance, upon proof of a single unlawful sale at a room kept by defendant, and this we think is not the meaning of section 7 of the Dram-Shop Act, under which the 25th count is framed. But the proof is clear that defendant made…