Howard v. State

This was a prosecution under the 17th section of the act of 1853, (p. 89,) on the subject of vending spirituous liquors. The defendant moved to quash the information. The motion was overruled, which is assigned for error.

The information states that .the defendant, on, &c., at, &c., not being licensed to vend spirituous liquors by retail, did keep and maintain a certain house wherein spirituous liquors were sold on said day, in less quantities than one gallon, (not for medical purposes, &c.,) in a disorderly manner, constituting a public nuisance, &c.

An objection taken to the information is…