Arbintrode v. State

An indictment, properly found in the court below, charged, that the appellant, “on,” etc., “at,” etc., “did then and there unlawfully sell intoxicating'liquor, to wit, one gill, to one Franklin Churchill, at and for the price of five cents; he, the said Franklin Churchill, being then and there 'a person under the age of twenty-one years,” etc.

*268The appellant pleaded guilty to the indictment, and was fined. He has appealed and assigned for error, in substance, that the facts alleged in the indictment do not constitute an offence.

If it be true that the facts alleged do not constitute an offence,…