Payne v. State

The indictment upon which the appellant was tried and convicted charges that the appellant “did unlawfully sell to one Lute H. Gaskins, who was then and there a person under twenty-one years of age, one quart of intoxicating liquor, at and for the price of one dollar.”

The contention of appellant’s counsel is that the indictment is bad, because it does not aver that the quantity of liquor sold was less than a quart.

The section of the statute upon which the indictment is founded is as follows : “If any person shall sell, barter or give away, directty or indirectly, any spiritous, vinous or malt…