Hornaday v. State

The appellant was indicted for retailing spirituous liquors without a license. The issue formed by the plea of not guilty was submitted to the court for trial and resulted in a finding against the appellant. The court, having overruled a motion for a new trial, rendered judgment on the finding.

The error assigned is the overruling of the motion for a new trial.

The principal error relied upon for the reversal of the judgment is the admission of illegal and incompetent evidence on the trial. The cause was tried upon admissions made by the parties, except upon one question, upon which evidence…