¶1 The indictment is fatally defective in several particulars:
¶2 1. It does not set forth the name of any person to whom the liquor_was given or sold. The offence charged is highly penal, and in order to defend himself the defendant must know not *203 only the offence charged, but the name of the person upon whom it was committed. A conviction upon this bill could not be pleaded in bar of another indictment for the same offence. An indictment charging the defendant with selling spirits to slaves is not good unless their names are given. State v. Blythe, 1 D. & B. 199. So to charge a white man with playing cards with a slave without naming him. State v. Ritchie, 2 D. & B. 29.
¶3 The purpose of setting forth the name of the person on whom the offence has been committed is to identify the particular fact or transaction on which the indictment is founded, so that the accused may have notice of the specfic charge and have the benefit of an acquittal or conviction if accused a second time.
¶4 2. The bill charges the offence to have been committed “ on and during an election day,” whereas the statute only makes it an offence when done “ during,” &c., “ a public election.” No accepted rule for construing statutes creating crimes could, according to the words or spirit of this act, make it an offence to sell or give away liquor on an election day if for any good cause no election was held. The Court must see from the indictment itself the alleged crime. State v. Haithcock, 7 Ired. 52; State v. Eason, 70 N. C. Rep. 88.
¶5 3. The bill does not negative the selling upon “ the prescription of a practising physician and for medical purposes,” which is expressly allowed by the act creating the offence. Bat. Rev., chap. 32, sec. 149.
¶6 An indictment for trading with a slave in the day time by selling him spirituous liquors was held defective because it did not negative an order of the owner or manager, the statute creating the offence allowing such selling to a slave on such order. State v. Miller, 7 Ired. 275.
¶7 ITis Honor therefore properly arrested the judgment.
¶8 There is no error.
¶9 Pee Curiam. Judgment affirmed.