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176 Ind. 703

State v. Cobe

Indiana Supreme Court

Decided November 1, 1911

Indiana Supreme Court · decided 1911-11-01

<p>From Steuben Circuit Court; P. V. Hoffman, Special Judge.</p> <p>Prosecution by The State of Indiana against Edward Cobe. Prom a judgment for defendant, the State appeals.</p>

Appeal sustained · Decided 1911-11-01

Monks, J.

¶1Appellee was charged by indictment with selling, as a druggist, one quart of whisky for $1, without complying with the requirements of §8352 Burns 1908, Acts 1907 p. 689, §2. On appellee’s motion the indictment was quashed on the ground that it was not alleged that appellee was a licensed druggist. Such an allegation is not necessary. State v. Cameron (1911), ante, 385.

¶2The indictment in this case is substantially the same as the indictment in State v. Cameron, supra, which was held sufficient, and upon the authority of that case, the judgment is reversed with instructions to the court below to overrule appellee’s motion to quash, and for further proceedings not inconsistent with this opinion.

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