This prosecution was instituted under an ordinance declaring the sale of intoxicating liquors, beer, &c., to be a nuisance, forbidding such sale, and prescribing *557punishment therefor. The defendant was fined the amount r fixed in the ordinance.

The validity of the ordinance is questioned.

Following the case of Beebe v. The State, 6 Ind. R. 501, we think this question has been already settled.

The judgment is reversed. Cause remanded, &c.