Rosenbaum v. State

It is charged that the appellant, being a licensed grocer, &c., sold spirituous liquors on Sunday. Motion to quash the information overruled. Plea of guilty, and judgment accordingly.

The same defect exists in this case as in Divine v. The State at the last term, (1) and the plea operates here as the evidence did in Hare v. The State (2) to cure that defect.

Perhaps the same doctrine might be beneficially carried still further. It may be doubtful whether by the plea the defendant has not shown affirmatively that he is not within any of the provisoes or exceptions in the statute. The plea admits…