Booth v. United States
Decision Date | 15 March 1912 |
Docket Number | 2,069. |
Citation | 197 F. 283 |
Parties | BOOTH v. UNITED STATES. |
Court | U.S. Court of Appeals — Ninth Circuit |
L. V Ray, of Seward, Alaska, for plaintiff in error.
George R. Walker, U.S. Atty., of Valdez, Alaska.
J Lindley Green, Asst. U.S. Atty., of Seward, Alaska.
Robert T. Devlin, U.S. Atty., and Benjamin L. McKinley, Asst. U.S Atty., both of San Francisco, Cal.
Before GILBERT and ROSS, Circuit Judges, and WOLVERTON, District judge.
The plaintiff in error was convicted upon an information charging him with the violation of section 472 of Carter's Annotated Code of Criminal Procedure of Alaska, which prescribes a penalty for selling liquor without a license. The information was as follows:
J. Lindley Green.
The plaintiff in error made no demand for a bill of particulars, but moved to set aside, quash, and vacate the information for the reason that the same failed to inform the plaintiff in error of the nature and cause of the accusation against him, or to exhibit the names of the witnesses upon whose testimony it was based. A motion was made in arrest of judgment on similar grounds.
It is urged that the information was insufficient, in that no name of any witness was indorsed thereon, that the information does not state on its face a description of the intoxicating liquors alleged to have been sold, nor the quantity thereof, nor the name of the purchaser thereof or the price paid therefor, and that it fails to state that said liquor, if sold, was not sold for medicinal, mechanical, or scientific uses, and that it does not identify any particular act charged so as to enable the accused to meet the same. The case of State v. Warren, 41 Or. 348, 69 P. 679, is cited to the proposition that the information is fatally defective for want of indorsement thereon of the names of witnesses. That decision, however, was based upon a statute enacted February 17, 1899, which provided:
The information in this case complies with that statute.
As to the other objections to the information, it may be observed first, that in describing the liquor sold it is generally sufficient to follow the language of the statute on which the prosecution is founded, and that the information may describe the liquor as spirituous or intoxicating liquor without naming any particular liquor (23 Cyc. 228, and cases there cited); second, an allegation as to the quantity sold is never necessary where the quantity of liquor sold is entirely immaterial to the particular offense charged (23 Cyc. 230, and cases there cited); third, the allegation that liquor has...
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