State v. Nations

I,

Sherwood, C. J.

The indictment drawn under section 85, 1 "Wagner’s Statutes, 504, is sufficient, since it pursues the language of the section under which it is drawn, The fact that it charges the sale of “certain fermented and dis*54tilled liquors, to-wit: one glass of whisky,” does not vitiate the indictment. The violation of the statute is accomplished whenever a sale occurs on Sunday of either “ fermented ” or “distilled” liquors. -But it is none the less a violation of the statute if the liquor-sold is both fermented and distilled. The gravamen of the offense consists in .the sale of liquor…