Defendant was indicted, tried ■and, on September 7, 1910, convicted, under section 11640 of the Revised -'Statutes of Missouri 1909, for selling intoxicating liquor in less quantity than five gallons, he being a merchant, having a merchant’s li- cense authorizing him to deal in goods, ware and mer"chandise, but no dramshop license. He appeals to this ■ court but has assigned no error and filed- no brief here. Having examined the record we find no error, "insufficiency, or irregularity in the indictment, trial or other proceedings, justifying a reversal- of the judgment, and find that the evidence warrants the conviction and the instructions fairly present the case to the jury.

.The judgment is, therefore, affirmed.