Burke v. State

The appellant was convicted in the court below for selling liquor without a license.

The first error calls in question the action of' the court in overruling a motion to quash the indictment. The objection ux-ged to the indictment is, that it does not sufficiently allege that the appellant sold without a license. The xiegation is in these words: “the said Burke not then and there having a license to sell intoxicating liquors to be drank upon the premises.”

It is claimed that the negation should have been iix one or the other of the following forms: “ the said Burke not then and there haviixg a…