State v. Hinton

Smith, 0. J.,

delivered the opinion of the court.

This is an appeal by the state from a judgment sustaining a demurrer to an indictment. The indictment alleges in the language of chapter 245, Laws of 1924, on which the indictment is predicated, that the appellee “did have in his possession as integral part of a. distillery, commonly called a still,” and the ground of objection thereto is that it does not allege what part of a still the appellee had in his possession.

In alleging" a statutory offense, the language of the statute or its equivalent must be used, and “where the language is so…