State v. Miles
| Decision Date | 31 December 1853 |
| Citation | 4 Ind. 577 |
| Parties | The State v. Miles |
| Court | Indiana Supreme Court |
APPEAL from the Tippecanoe Court of Common Pleas.
The judgment is affirmed.
L Reilly, for the state.
W. C Wilson and W. F. Lane, for the appellee.
OPINION
This was an information for retailing spirituous liquors without license.The information alleges that the defendant on, &c., at, &c., did unlawfully sell and retail spirituous liquors, directly and indirectly without license, in a less quantity than one gallon, and sold the same to one Ralph Heath, to-wit, one drink, &c.
Upon the defendant's motion, the information was quashed.
We think the Court ruled correctly.The information contains no allegation of the price for which the liquor was sold.Without such averment, the facts constituting the offence are not properly stated.The information "must be direct and certain as it regards the party and the offence charged."R. S. 1852, vol. 2, p. 367.In our opinion, it must contain all the substantial requirements of an indictment at common law.We have decided that an indictment is defective for not alleging the...
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4 cases
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Sutton v. State
...n. 1 (6th Ed.); Whar.Amer.C.L., sec. 213. They must contain all the substantial requisites of an indictment at common law. State of Indiana v. Miles, 4 Ind. 577; [ v. Vanloan] 8 Ind. 182. There being no statutory provisions existing in the District of Columbia in regard to amending criminal......
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Sutton v. State
...n. 1 (6th Ed.); Whar.Amer.C.L., sec. 213. They must contain all the substantial requisites of an indictment at common law. State of Indiana v. Miles, 4 Ind. 577; [State v. Vanloan] 8 Ind. 182. There being no statutory provisions existing in the District of Columbia in regard to amending cri......
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State v. Downs
...no allegation of price. The averment should be direct as to the price paid. State v. Miles, 4 Ind. 577.--Divine v. State, id. 240.--Brutton v. State, id. 601. affidavit does not support the information. The motion to quash was therefore properly sustained. The judgment is affirmed. ...
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Mount v. State
... ... latter must contain "a direct and certain statement of ... the facts constituting the offence." In other words, it ... must contain all the substantial requisites of an indictment ... at common law. 2 R. S., pp. 364, 367.--State v ... Miles, 4 Ind. 577. In this case, the variance relied ... on is in the statement of a fact connected with the offence, ... and not in the offence itself, because that consisted mainly ... in the betting and winning, which is alike stated in the ... affidavit and information. Our conclusion is this: ... ...