People v. Faust

Britt, C.

It is provided by section 397 of the Penal Code, as amended in 1893, that: “ Every person who *175sells or furnishes .... intoxicating liquors to any Indian is guilty of a felony.” Defendant in this case was tried and convicted under an information charging that he did, on August 17, 1895, at the county of Lassen, “willfully and unlawfully sell and furnish intoxicating liquor, to wit, whiskey, to two Indians,” contrary to the form of the statute, etc. He contends on this appeal that the information was not direct and certain as to the offense charged, in that it failed to name the…