State v. Solio

Criminal Law—Selling Intoxicating Liquors—Indictment; Sufficiency of—Pleading. It is not sufficient in an indictment for selling intoxicating liquors to allege that the defendant did ‘ ‘ unlawfully sell intoxicating liquors, to wit, unlawfully to one,” etc. The indictment must set out with sufficient certainty the nature and character of the offense charged-

Indictment for Selling Intoxicating Liquor Illegally The indictment was as follows: “ November Term, 1902. “ New Castle County, ss. “ The Grand Inquest for the State of Delaware, and the body of New Castle County, on their oath and affirmation, respectively, do present, that John Solio, late of Wilmington Hundred, in the County aforesaid, on the first day of September, in the year of our Lord one thousand nine hundred and two, with force and arms at Christiana Hundred in the County aforesaid, at a certain place there situate to wit: at the place known as Montchanin Station, in the Hundred and County last aforesaid and at which said place the-business of selling intoxicating liquors was then and there carried on; he the said John Solio, did then and there unlawfully sell intoxicating liquor to wit, unlawfully to one John Mackinnon against the form of the Act of the General Assembly, in such case made and provided, and against the peace and dignity of the State. “Herbert H. Ward, “Attorney- General, “Robert H. Richards, “Deputy Attorney-General.”