#### The People of the State of Illinois, Defendant in Error, v. Joe Polansek, Plaintiff in Error.

Gen. No. 6,336.

(Not to be reported in full.)

Abstract of the Decision.

1. Intoxicating liquors, § 147 * —when evidence insufficient to sustain conviction for selling dder. Evidence held not to sustain conviction under the anti-saloon law for selling cider, un^er the evidence of defendant, and the man from whom he bought the cider shortly before the sale shown as the basis for conviction, that it was sweet cider and not hard cider or fermented liquor.

2. Intoxicating liquors, § 147*—when evidence suffident to sustain conviction. Evidence held sufficient to sustain conviction under the anti-saloon law for selling malt liquor.

Error to the County Court of Lake county; the Hon. Pebby L. Persons, Judge, presiding. Heard in. this court at the October term, 1916.

Affirmed.

Opinion filed February 10, 1917.

Rehearing denied April 12, 1917.

Statement of the Case.

Prosecution by the People of the State of Illinois, plaintiff, against Joe Polansek, defendant, for violation of the act relating to anti-saloon territory. From a ¡judgment for conviction under fifteen counts, including a nuisance count, defendant brings error.

P. L. Jorgenson, for plaintiff in error.

Ralph J. Dady and E. M. Runyard, for defendant in error; W. F. Weiss, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Dibell

delivered the opinion of the court.