Chorak

This is a writ of error to review a judgment of conviction under the National Prohibition Act (Comp. St. § 10138)4 et seq.). The indictment contains three counts. The first count charged the unlawful sale of intoxicating liquor; the second count, a prior conviction for unlawfully selling intoxicating liquor, and the third count, the unlawful possession of about one ounce of intoxicating liquor. The jury returned a verdict of guilty as to,all three counts, and the defendant has prosecuted this writ of error.

The person to whom the intoxicating liquor described in the first count of the indictment was sold testified that he purchased a pint of moonshine whisky from the plaintiff in error on May 10, 1925. He was then asked if he had seen the plaintiff in error on the previous day, and answered in the affirmative. He was next asked what was the occasion of his then seeing the plaintiff in error, and answered, over objection and exception, “Buying whisky.” A motion was made to strike this testimony, and the court answered: “Proceed. Let it stand for the present.” , There was no further ruling on the motion until, at the close of the trial, the court instructed the jury to disregard…