State v. Wagner

The defendant was charged in one count of the same indictment with *245having in his possession for beverage purposes intoxicating liquor, and with retailing and selling same.

The defendant moved to quash the indictment for duplicity, t'o wit, that it charged two separate and distinct crimes in one count; and we think the motion should have been sustained.

Section 1 of Act 39 of 1921, commonly known as the Hood Bill, makes it an offense both to sell intoxicating liquor for beverage purposes, and to have it' in possession. But section 3 of the act provides a different penalty for the sale from that…