State v. Carpenter

Information against Carpenter for retailing without license.

The information was quashed. The State appeals.

The affidavit upon which the information was based did not aver that the intoxicating liquor was sold without license, but the information did. The defect in the affidavit was one of substance that the information could not supply. It is necessary that a legal offence shall be charged in the affidavit; otherwise a party would be criminally prosecuted without a charge upon oath. The State v. Downy, 7 Ind. 237; The State v. Wise, id., 645. To constitute retailing a crime, it must be done…