Klepfer v. State

— This was a prosecution under section 5320, R. S. 1881. The charge in the indictment is that, on the 12th day of February, 1889, in the county of Marion^ and State of Indiana, the defendant did unlawfully sell to one Charles Cory intoxicating liquor in a quantity greater than a gill and less than a quart, for the price of ten cents, not being licensed so to do.

There was a jury trial, the defendant was found guilty, and a fine of $100 assessed, and over a motion for a new trial judgment was rendered in accordance with the verdict.

The only error assigned to which our attention has been called…