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State v. Zuponcic

STATE v. JOHN ZUPONCIC

State v. Zuponcic, 172 N.W. 693 (Minn. 1919)
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Court
Supreme Court of Minnesota · State Highest Courts
Decided
May 23, 1919
Docket
No. 21,279
Judges
Dibell
Citations
172 N.W. 693142 Minn. 4481919 Minn. LEXIS 652
Disposition
Affirmed.
Headnotes
Intoxicating liquor — sale in dry county. ' Tlie evidence sustains tlie finding of tlie jury that the defendant sold intoxicating liquor in a dry county.
Summary
Defendant was indicted by the grand jury of St. Louis county charged with the crime of unlawfully selling intoxicating liquor, tried in the district court for that county before Hughes, J., and a jury which returned a verdict of guilty as charged in the indictment. From the order denying his motion for a new trial, defendant appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Dibell

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Dibell, J.

The defendant was ponvicted of selling intoxicating liquor to one Tikkonen, at Aurora, in St. Louis County, and appeals.

St. Louis is dry. A sale there, with exceptions not material here, is in violation of the local option statute. Laws 1915, p. 24, c. 23. Tik-konen and his partner testified that the defendant sold the former whiskey. The defendant denied doing so. He was conducting a soft drinks establishment where it was claimed the sale was made. His testimony was corroborated by that of two or three witnesses. The jury could have *449 found that no sale was made. It chose to find that one was made. The determination of the fact was within its exclusive province and the evidence is quite sufficient to sustain its finding.

Order affirmed'.

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