Opinion by

The court erred in not permitting the witness, Tuttle, to answer whether, at any time within twelve months before the finding of the indictment, he had purchased spirituous liquors in defendant’s saloon, in the defendant’s presence, from his bartender.

If the defendant was present and saw his bartender sell to the witness, he is legally guilty as though he had sold the liquor himself.

Judgment reversed, and cause remanded for further proceedings.