State v. Kubiak

Defendants were charged with the unlawful sale of alcoholic beverages. Two witnesses, police officers, testified that they had purchased liquor from the defendants. When the state rested its case, the court, on motion of the defendants, instructed the jury that the evidence to sustain the state’s case rested upon the testimony of two newly created police officers, who had admitted that they had imbibed one or more glasses of whiskey at four or five different establishments; that they must have reached a state of intoxication, and that therefore their evidence was not such that a conviction…