Luther v. State

Calkins, C.

This was a prosecution for the unlawful keeping and sale of liquors without license. The first count of the information charged the defendant with unlawfully keeping for sale, and the four following counts with unlawfully selling what was in each instance described as a certain “malt and intoxicating liquor, to wit, Malt Tonic.” The *433trial resulted, in a verdict of guilty upon all the counts, and the defendant, having been sentenced to pay a fine upon each, brings error from such judgment.

1. There was evidence tending to show that the liquor actually sold was not intoxicating; but…