State v. Davis

BRAisnsroisr, Judge:

W. 0. Davis was convicted in the circuit court of Barbour county of unlawful sale’ of intoxicating liquor as a druggist, and fined one hundred dollars. The sale was upon an order from a physician reading as follows: “Mr. Davis, Send me OJ of whiskey so I can mix it for this man. E. H. Stump. 12-12-09.”

We need not consider at length the point that the indict^ ment is violative' of the Constitution, Art. 3, section 14, in not. naming a day of sale and the person to whom sale was made. It has been held that the indictment need not so specify. State v. Ferrell, 30 W. Va. 683;…