Hare v. State

Indictment for retailing. Trial by the Court; finding of guilty; motion for a new trial overruled; and judgment for the state. The evidence is embodied in a bill of exceptions.

Here, as in Divine v. The State, ante, p. 240, no price is alleged. A motion to quash, made in time, must have prevailed. If, however, a defendant, either from negligence or policy, seek first the chances of a verdict, he ought not, afterwards, especially on motion for a new trial, to be permitted to fall back on the defects of the indictment. And this the more, since he has taken pains to set out all the evidence, and…