State v. St. Clair

The defendant appealed from a judgment convicting him of selling and possessing in tpxicating liquor under the prohibition law of the State. Error is assigned because of a failure of evidence showing guilt. We agree with appellant that there is a total failure of proof that intoxicating liquor was sold or possessed by him.

The evidence shows that State’s witness Gardner was asked by State’s witness Shippman if he knew where they could g'et some whiskey. Gardner then went to defendant who said he had some and would see about it. Later defendant went to the ball park taking with him two bottles…