State v. Wellman

The opinion of the court was delivered by

Hopkins, J.:

The defendant appeals from a conviction of maintaining a nuisance under the prohibitory liquor law. His principal specifications of error are, that the trial court erred in not sustaining *672his plea in abatement, in overruling his motion for a directed verdict, in the giving of certain instructions, and refusal to give others.

The original complaint and warrant, on which defendant’s preliminary examination was held, charged in the first count a former conviction and the felonious sale of intoxicating liquor. The second count charged a former…