O'Brien v. State

The defendant in the court below was tried and convicted upon a special presentment which simply charged him with a misdemeanor, in that he, on the 25th day of May, 1898, did, in Warren county, “unlawfully sell spirituous and intoxicating liquors, contrary to the laws of said State,” etc. He admitted that on the day named he did, in that county, *52sell such liquors, but contended that he had violated no law in so doing. In view of the fact that the State, in effect, contends that under this presentment the conviction of the defendant was lawful, if his admission and the evidence in the case…