State v. Hall

The appellee was indicted in the- court below for selling, and also for giving away, intoxicating liquor to a minor., Upon the trial by the court, he was acquitted, and the State brings the case to this court. There is no question *513whatever in the record, except that arising upon the evidence. That question is, whether the evidence was sufficient to establish the defendant’s guilt.

But a preliminary question arises, viz..: Whether any appeal lies to this court in such a case.

The statute provides, that “ The prosecuting attorney may except to any opinion of the court during the prosecution of…