State v. Gussenhoven

(sitting in place of Mr. Justice MORRIS, disqualified), delivered the opinion of the court.

The defendant was convicted in the District Court of Hill County of selling intoxicating liquor to a person under the age of 21 years. This under section 11048.1 of the Revised Codes of Montana of 1935, as amended by Chapter 124, 1941 Session Laws, and appealed to this Court' from the judgment of conviction, and also from the order of the District Court denying his motion for a new trial.

The first assignment of error was on the ground that there was no substantial evidence to support a conviction. The…