Shafer v. State

The indictment charged that the defendant “did sell and give away certain intoxicating liquor, at and for the sum of ten cents,” to a minor. A motion to quash was overruled, and this is assigned for error.

It is claimed that the indictment was double, charging both a sale and a gift of the liquor in the same count.

In Simmons v. The State, 25 Ind. 331, we said that such an indictment would be obnoxious to either the charge of duplicity or uncertainty. There was in that case no occasion to pass upon the question, as we held that it was not before us. The dictum is not thei’efore an authority. In…