Cannady v. People
Illinois Supreme Court
The plaintiff in error was indicted for selling liquor without a license. He was tried at August term, 1854, of the Green Circuit Court, Woodson, Judge, presiding, and found guilty, and fined ten dollars. A motion in arrest, was overruled. The indictment charges that Cannady, not having a legal license to keep a grocery, did then and there unlawfully sell spirituous liquor, to wit: whisky, by a less quantity than one gallon, contrary to the form of the statute, &c.
1Opinion of the CourtScates, C. J.
The only question is whether an indictment for selling whisky in a less quantity than one gallon, without a legal license to keep a grocery, is substantially defective for want of the name of the purchaser, or an allegation that he was unknown.
We think not. The general averment of an illegal sale, is in this respect sufficient, and this we think warranted, not only by the authorties, but the good sense of requiring only substantial facts necessary to enable the plaintiff to know the charge, and to prepare his defence.
The existing provision on the subject, has fixed the minimum quantity to be…
2Cited by33 opinions
- People v. McBrideIllinois Supreme Court · 1908
- People v. BanksIllinois Supreme Court · 1979
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. SchweiterSupreme Court of Kansas · 1882
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