Shearer v. State

— This was an indictment against Shearer for selling spirituous liquors without license contrary to the statute. Plea, not guilty. Verdict and judgment for the state.

It was not proved on the trial that the defendant had no license to sell spirituous liquors ; and the Court instructed the jury that such evidence, on the part of the state, was unnecessary.

There is no error in this charge. Whether the negative averment in the indictment, that the defendant had no license, was true or not, was a matter peculiarly within the knowledge of the defendant, and the onus probandi on the subject,…