
    4509.
    Jackson v. The State.
    Decided March 18, 1913.
    Accusation of sale of liquor; from city court of Madison—Judge Anderson. October 19, 1912.
    
      E. W. Butler, for plaintiff in error.
    
      Á. Cr. Foster, solicitor, F. O. Foster, contra.
   Russell, J.

On the trial-of one accused of the sale of intoxicating liquor, evidence that there had been found on his premises, about a year before this sale was alleged to have taken place, about two and a half pints of whisky, several old bottles which had previously contained whisky, two large cartons which had been opened, and about fifteen old bottles in a loft, was irrelevant; yet the error in the admission of such testimony will not require the grant of a new trial, there being positive evidence authorizing a finding that the sale, as. alleged in the indictment, had taken place. Judgment affirmed  