
    No. 11,046.
    Ashley v. The State.
    Filed Jan. 10, 1884.
    Prom the Huntington Circuit Court.
    
      J. M. Hiltebrand, for appellant.
    
      G. W. Watkins, Prosecuting Attorney, and F. T. Hard,, Attorney General, for the State. ■
   Elliott, J.

Three propositions decide this case against the appellant:

First. It is sufficient to aver in an indictment that the' name of the person to whom liquor was unlawfully sold, or from whom property was stolen, is unknown. State v. Jackson, 4 Blackf. 49; Butler v. State, 5 Blackf. 280; Brooster v. State, 15 Ind. 190; Jones v. State, 11 Ind. 357.

Second. Under the statute now in force, it is a misdemeanor for any person, whether licensed or not, to sell liquor at retail on Sunday. R. S. 1881, sections 2098, 5312.

■Third. It is the province of the court or jury trying the case to decide upon the credibility of witnesses, and with a decision upon this question the appellate courts uniformly refuse to interfere.

Judgment affirmed.  