State v. Smith

The opinion of the court was delivered by

Swayze, J.

The defendant was convicted on the fourth count in the indictment and acquitted on the others. The fourth count charges illegal sales of liquor to Campbell Clinger and to divers other persons whose names are to the grand jury inquest unknown. At the trial several witnesses were called to the reception of whose testimony the defendant objected on the ground that they had been subpoenaed to testify before the grand jury in this case; one had, in fact, testified. The court overruled the objections. At tbe very close of tbe case the prosecutor…