Hingle v. State

Indictment for retailing intoxicating liquor on Sunday.

The indictment charges “that John Hingle, on the 21st day of February, 1864, at the County of Marion, &c., which said 21st day of February was Sunday, did unlawfully sell one gill of intoxicating liquor to one Oliver J. Wallace, for the price of five cents.” There is no averment that the defendant was not licensed, according to the provisions of the act, to sell, &c. A motion to quash the indictment was made and overruled, to which the defendant excepted.

*36Plea, not guilty. A jury being waived, the issue was tried by the court, who found…