Mullinix v. State

The appellant was convicted under the act of 1859, f°r selling liquor by retail, without a license. The court, over a motion for a new trial, rendered a judgment on the verdict. Several errors are assigned, and various questions are discussed in reference to the sufficiency of the indictment, the admission and exclusion of evidence, and the giving of instructions; but the conclu*512sion to which we have come renders it unnecessary for us to pass upon any of these questions.

The judgment must be reversed for a failure of proof. There is no evidence in the record showing that the offence was…