Barnett v. State

DAVIDSON, Judge.

This is a conviction for the unlawful sale of whisky in a dry *397area, and as a second offender. The punishment was assessed at a fine of $500 and thirty days in jail.

Neither the complaint nor the information alleges the name of the purchaser of the whisky. As to this, the allegation is that appellant “did then and there unlawfully sell intoxicating liquor, towit; whisky in violation of said law.” Under Arts 406 and 416, C.C.P., in order “to charge an unlawful sale, it is necessary to name the purchaser.”

Such allegation is not necessary where the name of the purchaser is unknown,…