Opinion
11-21-1902
STATE v. SOLIO.
Herbert H. Ward, Atty. Gen., and Robert H. Richards, Dep. Atty. Gen., for the State. J. Prank Ball, for defendant.
John Solio was indicted for selling liquor illegally, and moved to quash the indictment. Indictment quashed.
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 respectfully 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. Robt. H. Richards, Dep'y Atty. General."
Argued before LORE, C. J., and SPRUANCE and GRUBB. JJ.
Herbert H. Ward, Atty. Gen., and Robert H. Richards, Dep. Atty. Gen., for the State.
J. Prank Ball, for defendant.
LORE, C. J. The court are unanimously of the opinion that this indictment should be quashed because it does not set out with sufficient certainty the nature and character of the offense charged. Indictment quashed.