Elliott v. State

— The appellant, who was keeping a drug store, but had no license to sell intoxicating liquors in quantities less than a quart, was indicted, convicted and fined seventy dollars for a sale made in violation of the license law. The evidence is in the record, andno question is, or can be, made of the appellant''s guilt as charged; but we are asked to reverse the judgment because, as is claimed, the fine is excessive, and because of alleged error of the court in overruling the peremptory challenge of the appellant to certain jurors.

The amount of the fine was within the discretion of the jury,…