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4 Ind. 577

State v. Miles

Indiana Supreme Court

Decided December 31, 1853

Indiana Supreme Court · decided 1853-12-31

<p>An information, under the R. S. 1852, must contain all the substantial requisites of an indictment at common law.</p> <p>An information for retailing spirituous liquor which does not allege a price for which the liquor was sold, is bad.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1853-12-31

How this case has been cited

Cited by 4 later decisions — most recently October 1936

4 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1This was an information for retailing spirituous liquors without license. The information al*578leges that the defendant, on, &c., at, &c., did unlawfully sell and retail spirituous liquors, directly and indirectly, without license, in a less quantity than one gallon, and sold the same to one Ralph Heath, to-wit, one drink, &c.

L. Reilly, for the state.W. C. Wilson and W. F. Lane, for the appellee.

¶2Upon the defendant’s motion, the information was quashed.

¶3We think the Court ruled correctly. The information contains no allegation of the price for which the liquor was sold. Without such averment, the facts constituting the offence are not properly stated. The information “ must be direct and certain as it regards the party and the offence charged.” R. S. 1852, vol. 2, p. 367. In our opinion, it must contain all the substantial requirements of an indictment at common law. We have decided that an indictment is defective for not alleging the price for which the liquor was sold. Divine v. The State, ante, p. 240. The judgment is affirmed.

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