Ray v. State

Citations

• 29 Del. 440
• 6 Boyce 440
• 100 A. 472
• 1917 Del. LEXIS 13

Syllabus

<p>1. Indictment and Information—Duplicity.</p> <p>A count in an information that accused sold intoxicating liquors to three persons named therein imports a sale at the same time to such persons, and is not duplicitous.</p> <p>2. Indictment and Information—Duplicity—Necessity of Demurrer.</p> <p>Duplicity in an information is a formal defect, advantage of which must be taken by demurrer.</p> <p>3. Indictment and Information—Duplicity—Waiver by Pleading Over.</p> <p>Pleading over to an information for selling intoxicating liquors cures any duplicity in the information.</p> <p>4. Indictment and Information—Aider by Verdict—Variance.</p> <p>A judgment after verdict for selling intoxicating liquors will not be arrested because of duplicity in the information.</p> <p>5. Intoxicating Liquors—Criminal Prosecution—Variance.</p> <p>Where a count of an information charged sale of intoxicating liquors to three persons named therein, and the proof established sale to one of such persons, there was no fatal variance; since the essential element of the offense is the sale without a license.</p>