State v. Swallum

1 The instructions of the court submitted to the jury the question of whether the defendant sold intoxicating liquor upon a physician’s prescription, without taking a written request therefor. The only evidence before the court, touching that question, was that of a witness who testified “that he bought prescriptions for others, but did not know how they read, or whether they called for intoxicating liquors or not.” There was, no evidence that the prescriptions sold by defendant to this witness contained intoxicating liquors. The instruction complained of submitted to the jury a material…