Frisbie v. State

So much of the indictment as is necessary to be set out in this case, is in the following words: “ The said Henry M. Erisbie, on the first day of November, A. D. 1859, at, &e., unlawfully did sell to one Stephen Waymire spirituous liquor, in quantity less than one .quart, to wit, one gill of whiskey.” On the trial the prosecutor did not prove distinctly that the liquor was whiskey, as stated under the videlicet; thereupon the defendant below asked the court to instruct the jury, “ that they must be satisfied from the evidence that the liquor sold was whiskey,” which instruction the court…