Beiser v. State

Blandford, Justice.

The plaintiff in error was indicted for a misdemeanor, “ for that,” as the indictment alleges, “ the said Beiser, on the 3rd day of December, 1886, did sell domestic wine by retail to one S. Y. Crow and other persons to the grand jurors unknown, in a bar-room where by law such sale of said wine is prohibited, contrary to the laws,” etc. He was found guilty, and he moved for a new trial on several grounds, the 7th and 8th special grounds being as follows:

7th. Because the court erred in charging the jury as follows, to-wit: ££ The expression£ by retail,’ as used in this…