Omey v. State

Omey was indicted for selling ardent spirits to a slave.

There were three counts in the indictment. The first and third charged the defendant with selling ardent spirits to Charles, a slave, without permission of the master, mistress, overseer, or person having charge of said negro, but did not allege the name of the owner of the slave, etc.

The second count alleged that the negro belonged to Thomas Aldridge, and that the defendant sold ardent spirits to the negro without permission of his master, but does not negative the permission of the mistress, overseer, etc.

The defendant moved to quash…