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20 Ind. 82

Downey v. State

Indiana Supreme Court

Decided May 15, 1863

Indiana Supreme Court · decided 1863-05-15

<p>•Criminal Law and Practice. — In an indictment or information for selling liquor without license, contrary to law, it is sufficient to allege, generally that the defendant sold “intoxicating liquor,” without stating what particular kind of liquor he sold,</p>

Cited by 2 later decisions — most recently November 1887

2 state decisions

Relies on Simpson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1863-05-15

View the full empirical analysis of this case →

Per Curiam.

¶1The indictment in this case, alleges that INicholas Downey,. on, &c., at, &c., not being licensed, &c., 'did then and there sell to Washington Hunt intoxicating ■liquors, in a less quantity than a quart, contrary, &c.

¶2Defendant moved to quash the indictment; but the motion ■was overruled, and he excepted.

¶3The indictment is alleged to be defective, because it fails to point out the particular kind of liquor which the defendant sold. There is nothing in this objection. In Simpson v. The State, 17 Ind. 444, it was held that an indictment, charging the sale of “intoxicating liquor” generally, was sufficient. See also, Hauser v. The State, May term, 1862.

¶4The judgment is affirmed, with costs.

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