Carmon v. State

The State prosecuted and committed Garmon upon a charge of selling “whisky” to a minor. It is contended that an affidavit or information simply charging a sale of whisky, without averring that whisky is an intoxicating liquor, is bad.

We do not think so. The Court, from its general knowledge, can judicially say that whisky is an intoxicating liquor; and the jury might so find upon their general knowledge. Commonwealth v. Peckham, 2 Gray (Mass.) p. 514.

If the defendant could prove, on the trial, that the article he sold was not intoxicating, he would disprove that it was whisky, in the…