Hoover v. State

MORROW, Presiding Judge.

The offense is the unlawful sale of intoxicating liquor; punishment fixed at confinement in the penitentiary for one and a half years.

The indictment fails to name the purchaser or to give any reason for the failure to do so. The motion to quash the indictment should have been sustained. Compliance with the constitutional and statutory provisions touching certainty demands that in an indictment of this nature the name of the purchaser should be given, if known. If not, then the indictment should identify the transaction and state that the name could not be ascertained…