Nussbaumer v. State

— The plaintiff in error, Emanuel Nussbaumer, hereinafter called the defendant, was indicted, tried and convicted in the circuit court for Jefferson county for the violation of the local option law. The indictment is in the statutory form, found in Section 3968 of the General Statutes of 1906.

Assignments of error 1, 2, 3 and 4 are argued and will be considered together. They question the correctness of that part of instructions given by the court to the jury, as follows: “Wine is defined to be fermented grape-juice, and if you believe from the evidence that the defendant sold and delivered…