Rutherford v. State

DAVIDSON, Presiding Judge.

conviction is for violating the local option law. The indictment charges that on March 1, 1904, appellant unlawfully sold to Pen Manuel one quart of whisky, in violation of the local option law. This indictment is attacked because it is not alleged that the whisky was -intoxicating. The contention is that because the court judically knows whisky is intoxicating, it does not dispense Avith the allegation in the indictment that whisky is intoxicating liquor. The rule with reference to allegations in indictment in this character of question is that the allegations must…