Lenz v. State

BERRY, Judge.

The offense is the unlawful sale of intoxicating liquor and the punishment is one year in the penitentiary.

The indictment charged that the defendant sold to one Paul Blair liquor capable of producing intoxication. Appellant moved to quash the indictment because it did not charge that the liquor sold was spirituous, vinous or malt liquor. Art. 666 of the P. C. on which this prosecution was based not only penalizes the sale of spirituous, vinous or malt liquors but also of any other intoxicant whatever. Under the plain terms of the statute itself this indictment was entirely…