Blough v. State

— The charge in the indictment upon *356which the appellant was convicted is, that on a day named, at the county of Elkhart, and State of Indiana, the defendant, not then and there being licensed to sell intoxicating liquor, did then and there unlawfully sell one quart of intoxicating liquor to a person named, “ and did then and there suffer the same to be drank in and about the house where the saíne was sold as aforesaid.” A reversal is asked on the ground that the court erred in overruling the appellant’s motion to quash the indictment.

The indictment is predicated upon section 5320, R. S. 1881,…