
    No. 13,148.
    Murphy v. The State.
    Filed Sept. 15, 1886.
    From the Owen Circuit Court.
    
      E. G. Steele, D. E. Bern and W. Hicham, for appellant.
    
      F. T. Hard, Attorney General, and W. B. Hord, for the State.
   Nibback. J.

The indictment in this case charged the appellant with having sold intoxicating liquor, in a less quantity than a .quart and without a license, to one Samuel Baldon, on the 15th day of February, 18185, and, upon a motion to quash, was held to be sufficient by the circuit court. A trial resulted in the appellant’s conviction of the offence charged.

Upon the authority of the case of Murphy v. State, 106 Ind. 96; the motion to quash the indictment ought to have' been sustained.

The judgment is reversed and the cause remanded, with instructions to sustain the motion to quash the indictment.  