Stout v. State

— In this case the appellant was indicted, tried and convicted for the alleged commission of one of the mis*151■demeanors defined in section 5320, R. S. 1881. Erom the judgment of conviction he has appealed to this court, and has here assigned as errors the following decisions of the circuit court:

1. The overruling of his motion to quash the indictment; and,

2. The overruling of his motion for a new trial.

In the indictment it was charged that the appellant, on the 1st day of September, 1883, in Monroe county, Indiana, “ did then and there unlawfully sell to one John Ward certain intoxicating malt…