State v. Solio
Decision Date | 21 November 1902 |
Citation | 20 Del. 138,54 A. 684 |
Court | Court of General Sessions of Delaware |
Parties | STATE v. JOHN SOLIO |
Court of General Sessions, New Castle County, November Term, 1902.
INDICTMENT FOR SELLING INTOXICATING LIQUOR ILLEGALLY (No. 34, November Term, 1902.)
The indictment was as follows:
Ball for defendant:--I move to quash the above indictment on the ground that it does not fully and plainly inform the defendant of the nature and character of the accusation against him, as required by the Constitution of the State of Delaware. It simply states a conclusion of law--an illegal sale--but does not specify that the business of selling intoxicating liquor was then and there carried on even illegally. The presumption is that it was carried on legally. It states that the business of selling liquor was then and there carried on and then goes on and states that he did then and there unlawfully sell intoxicating liquors, but does not specify wherein it was unlawful, or whether he was doing an unlicensed liquor business, or whether he was a licensed liquor dealer and sold in quantities less than a quart in violation of the law, or whether he sold to minors or on Sundays. There is a special statute against violation of the liquor law, found in Volume 20, Laws of Delaware, 473, which provides that no person licensed under this section shall sell or deliver any intoxicating liquor upon any public street, alley, etc., and as a penalty...
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State v. Oleksy
...the indictment on the ground that it did not set out with sufficient certainty the nature and character of the offense charged. In the Solio case the attention of court was not called to section 12, and its provisions, but in the next case considered, which is the case of State v. Polk, 22 ......