Blake v. State

The prosecutor, Pyles, made an affidavit charging that the accused, Blake, “did commit the offense of selling whiskey.” Upon this affidavit as a foundation an accusation was framed charging the accused with selling “intoxicating liquors.” Before pleading to the merits, the accused demurred to the accusation on several grounds, one of which presented the point that an affidavit charging the offense of selling whiskey was insufficient to support an accusation charging the offense of selling intoxicating liquors. We think the court erred in not holding that this ground of the demurrer was good.…