Simons v. State

This was an indictment, against the appellant, charging that he “did,” &c., sell and give away certain intoxicating liquors, at and for the sum of ten cents,” to a person under the age of twenty-one years. A plea of *332not guilty was entered, and a trial had, which resulted in a verdict of guilty. A motion for a new trial was overruled, and this is the only error assigned which need be noticed, inasmuch as its determination necessarily settles every other question.

The evidence established the charge of giving to an infant, but not of selling, and the appellant contends that such giving, without…