Rater v. State

Prosecution by indictment for selling intoxicating liquor, to be drunk on the premises. Trial by the court below, conviction, and fine, and appeal to this court. Two points are made against the overruling of the motion for a new trial:

1. The insufficiency of the evidence to sustain the finding.

2. Newly-discovered evidence.

The sale, character of the liquor, name, etc., are proved beyond reasonable doubt; but the appellant claims that it was not sold to be drunk on the premises.

John W.' Tice testified as follows : “ When we asked for the beer, he drew two glasses; we took them out and drank…