State v. Heckford

Citations

• 152 La. 730
• 94 So. 371
• 1922 La. LEXIS 2434

Syllabus

<p>(Syllabus by Editorial Staff J</p> <p>1. Intoxicating liquors <&wkey;l3l, 137 — Manufacture not an offense unless for beverage purposes or without permit.</p> <p>Under Const. U. S. Amend. 18, §§ 1 and 2, and Act No. 39 of 1921, § 1, the manufacture of intoxicating liquors is not an offense unless it is manufactured for beverage purposes or for nonbeverage purposes without a permit from the proper federal authorities.</p> <p>2. Criminal law &wkey;>970(7) — Intoxicating liquors >3=3202, 221 — Motion in arrest lies when indictment for manufacturing liquor fails to state that it is manufactured for beverage purposes pr without permit.</p> <p>An indictment charging defendant with manufacturing intoxicating liquor, but not charging that it was manufactured for beverage purposes or for nonbeverage purposes without the required permit, charges no offense known to the law, and, the defect being patent on its face, a motion in arrest of judgment should be sustained.</p>