38 Mo. 368 | Mo. | 1866
delivered the opinion of the court.
This was an indictment under the act to prevent the adulteration of spirituous liquors — Laws 1860-1, p. 93, § 4. The defendant’s motion to quash the indictment was overruled. There was a verdict of guilty, and the defendant filed his motion in arrest of judgment for nearly the same reasons, viz., that the indictment did not charge the liquor to have been sold to any person by name, nor to any person to the jurors unknown; that it did not specify the particular kind of liquor sold ; that it was contradictory and repugnant on its face; that the court erred in overruling the motion to quash. In those respects, the case does not differ much from the case of the State v. Hays et al., decided at this term, to which reference is made.
It is not necessary that the indictment should follow the exact words of the act. The essential facts are the selling of
Judgment reversed and cause remanded.