Trevinio v. State

On Motion for Rehearing.

HAWKINS, J.

Appellant most respectfully, but persuasively, argues that we were wrong in holding that the indictment charges only one offense, and was therefore not duplicitous. We still believe the law is against him on his contention. From 23 Cyc. at page 228, subd. (c), we quote:

“In an indictment for an unlawful sale of liquor, in the description of the article sold, it will generally be sufficient to follow, the language of the statute on which the prosecution *244is founded; and if the statute prohibits the sale of several enumerated kinds of liquor, in the disjunctive,…