Burgess v. State

CHRISTIAN, Judge.

The offense is selling intoxicating liquor; the punishment confinement in the penitentiary for one year.

It was charged in the indictment that—

“J. ,C. Burgess did then and there unlawfully sell to L. C. Cole, intoxicating liquor.”

Appellant filed a motion to quash the indictment. One of the objections thereto was that the term “intoxicating liquor” as used in the indictment included liquor containing in excess of one per cent of alcohol by volume as well as liquor capable of producing intoxication, and that the indictment was therefore duplicitous in that it charged a violation…