State v. Cleary

Defendant was indicted for selling intoxicating liquors for beverage purposes, in violation of Act 39 of 1921 (Ex. Sess.) p. 42. The indictment, without specifying the kind of intoxicating liquor, charged merely, that the defendant “did unlawfully sell intoxicating liquors for beverage purposes, contrary to the form of the statute,” etc.

Defendant filed a motion to quash the indictment, pleading that Act 39 of 1921 was unconstitutional, and particularly that section 8 of the statute was violative of section 18 of article 3 of the Constitution, in so far as the statute referred to “federal…