Tigner v. State

1. Where an act makes it penal for any person to sell intoxi- ■ eating liquors in a county, and the legislature subsequently makes certain exceptions with regard to the sale of such liquors within three of the towns in the eounty) ^ js not necessary, in an indictment under the original act, to allege that the accused is not within the'exceptions made by the latér acts. An allegation in the indictment, not descriptive of the offense charged, but merely negativing that the accused is within the exceptions, may be treated as surplusage and need not be proved. That the accused is within the…