Grim v. State

The information in this case charges that in Garfield county, December 7, 1923, “one Blackey Grim did then and there unlawfully and willfully sell one pint of whisky to one B. E. Slagle.” On the trial the jury returned a verdict finding the defendant guilty, but failed to agree on the punishment. June 7, 1924, the court rendered judgment and sentenced the defendant to pay a fine of $100 and to be confined in the county jail for 30 days. To reverse the judgment he appeals.

For a proper understanding of the errors assigned, we will briefly state the material testimony.

B. E. Slagle testified:…