State v. Alderton

DeNT, Judge :

S. T. Alderton complains of a judgment of the circuit court of Tucker County rendered against him on the 29th of November, 1899, for the sum of fifty dollars fine imposed for the unlawful sale of intoxicants to an habitual drunkard.

The court permitted the defendant to demur to the evidence and the jury find a, conditional verdict, and discharged them. This was improper under our practice, for if the accused has the right to demur to the evidence, the State would have the same right without the consent of the accused, and thus the constitutional right of trial by jury could be…