Murphy v. State

Blackford, J. —

This was an indictment for retailing, spirituous liquors by a less quantity than a quart without license. Plea, not guilty. The cause was submitted to the Court. There was but one witness examined, and his testimony was as follows:

In Decatur county, and within a year before the finding of the indictment, the defendant kept whisky for sale by the quart, (having no license to retail,) and the witness was in the frequent habit of taking a pint bottle and going to the defendant’s for liquor. The witness always bought a quart at a time, but had it drawn in the pint bottle, and after…