Indiana Supreme Court, 1863

Downey v. State

Downey v. State
Indiana Supreme Court · Decided May 15, 1863
20 Ind. 82

Downey v. State

Opinion of the Court

Per Curiam.

The 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.

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

The 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.

The judgment is affirmed, with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.