An indictment for a violation of the statute against the presuming to be 11 a seller of wine, brandy, rum, or other spirituous liquors,” &c. without being licensed as an innholder, (R. S. 1838, p. 203, § 1,*) charged the defendant with presuming to be a seller of whiskey, alleging it to be spirituous liquor, without such license Held, sufficient; and that the presuming to be a seller of whiskey, was forbidden by the statute, although that kind of spirituous liquor was not therein specifically mentioned.†