State v. Sedlacek

delivered tbe opinion of tbe court.

By an information in two counts tbe defendant was charged with the unlawful sale of intoxicating liquor and with tbe unlawful possession of intoxicating liquor. He was convicted upon both counts, and has appealed from tbe judgment and from an order denying bim a new trial.

1. It is the principal contention of counsel for defendant that the trial court adopted an erroneous theory of the case, and various phases of this contention are presented in more than one-half of the assignments of error.

Omitting the introductory allegations, the first count of the…