State v. Li Fieri

Citations

• 29 Del. 597
• 6 Boyce 597
• 102 A. 77
• 1917 Del. LEXIS 36

Syllabus

<p>1. Indictment and Information—Alternative Allegation—Place of Offense.</p> <p>Indictment charging illegal sale of liquor in “the store or warehouse” of defendant is not bad as charging the place in the alternative, it appearing it was intended to charge the sale at a single place, known as the store or warehouse.</p> <p>2. Intoxicating Liquors—Illegal Sale—Indictment—Beer.</p> <p>Allegation in indictment of sale of “intoxicating liquor, to wit, beer,” is sufficient.</p> <p>3. Criminal Law—Judicial Notice—“Beer.”</p> <p>The court will take judicial notice that “beer” is the usual name for a malt liquor, and that it is intoxicating.</p> <p>4. Intoxicating Liquors—Illegal Sale—Proof—Beer.</p> <p>A charge of illegal sale of intoxicating liquor is sustained by proof of sale of “beer” without any further description or testimony that it was intoxicating.</p>