State v. Wyatt

— Among defendant’s points in motion for new trial and in arrest of judgment is the following, namely:

‘ ‘ That the said prosecution was not justified under the law, inasmuch as the statute relating to the failure to properly label intoxicating liquor relates to the instance where such liquor is to be intrusted to a common carrier, and has no application to a transportation otherwise, but, having been brought under the particular provision of this statute, this case and this cause, being tried upon such theory, constituted error. And the defendant should be granted a new trial herein, and…