delivered the opinion of the court.

The defendant was indicted for selling intoxicating liquors without license, and moved to quash the indictment because it was.not an indictable oifense. The motion being overruled he appeals. The question was considered in The State v. Huffschmidt, 47 Mo. 73. The defendant has not consented to this mode of the exercise of the court’s jurisdiction, and the case is reversed.