Thomas v. State

Handy, J.:

This was an indictment for selling spirituous liquors in less quantities than one gallon, without license, and contrary to the statute; upon which the defendant was convicted.

The only testimony in the case material to the issue, is that of Smith, a witness in behalf of the state, and to whom the spirituous liquor is charged to have been sold. He testified, in substance, that he had several times purchased spirituous liquors of the accused within a year preceding the time of finding the indictment; that he purchased it by the gallon, and never purchased any from the accused in less…