State v. May

The opinion of the court was delivered by

AlleN, J.:

The defendant was charged in two counts with unlawful sales of intoxicating liquors, and, in the third count, with keeping a nuisance. He was convicted under the first and third counts. The first complaint is, that the third count of the information was amended after the jury had been sworn, by inserting the words, “and maintained by said defendant, L. R. May.” We think the amendment was an immaterial one, and that the offense was sufficiently charged without it. It was admitted on the trial that the defendant sold “hop tea” and “B. B.” in…