State v. Viering

Defendant appealed from the judgment after being convicted of selling intoxicating liquor.

The information charges the unlawful sale of “one pint of intoxicating liquor, commonly called moonshine alcohol.” The testimony described the liqúor purchased as “moonshine whisky.” The term “moonshine” merely characterizes the liquor as of secret origin, a term formerly used to denote unlawful manufacture and by reason thereof presumably made at night. The claim is that there is a variance between the pleading and the proof.

The gist of the alleged offense is the sale of intoxicating liquor. Defendant…