Atkinson v. State

PRENDERGAST, Judge.

—The appellant was indicted for pursuing the occupation or business of selling intoxicating liquor in Jones County, after prohibition had been duly put in force therein.

Appellant made a motion to quash the indictment and in arrest of judgment on the grounds: First, that it charged no offense against the law; second, it failed to allege that the defendant had made two sales of intoxicating liquor in said county within three years preceding the filing thereof; and, third, because the indictment did not negative the exceptions stated in othe law, “except as permitted by law.”

Th…