City of Clovis v. McLain

LUJAN, Chief Justice.

The defendant (appellant) was convicted of having in his possession intoxicating liquors for the purpose of sale in violation of a city ordinance of Clovis, a dry area. He appeals from the judgment and sentence.

The ordinance makes an offense “the sale and/or possession for the purpose of sale of alcoholic liquors.”

The defendant asks reversal of the judgment on three grounds: (1) error in overruling his motion at the conclusion of the plaintiff’s case in chief, because (a) the plaintiff had failed to sustain its burden of proof of the guilt of the defendant, (b) the…