Donnelly v. State

Plaintiff in error Avas indicted by the grand jury and prosecuted in tlie district court for Boone county for tbe crime of selling intoxicating liquors without first having procured a license therefor. The indictment contained two counts. The first count charged a sale to David Primrose on the 23d day of February, 1909, and the second count with selling to George Bourn on the same day. A trial was had, and the jury returned a verdict finding *346the accused guilty as charged in the second count, and not guilty as charged in the first. A motion for a new trial was filed and overruled, and…