Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 17 (November Term, 1855, to June Term, 1856)
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E. 257 ; 1 Mo. E.460 (646). It is needless to multiply authorities, nor do I propose to discuss the rule or the soundness of the rule of relaxation in the proof. Whatever of danger there may be in it to cor- porations is no greater than that to others in the strict rule, in the multiplied transactions of the present day. Similar modi- fications have been made in our notions of the very reason itself for a sealing in modern times when almost all can Avrite. We can, under this view, find no valid... objection to any of the proof offered. Judgment affirmed. James Canjstady, Plaintiff in Error, v. The I'eople, Defendant in Error. Error to Green. Indictment — Statutory offence.— In an indictment for selling whisky in a less quantity than one gallon, the name of the purchaser, or an aver- ment that he was unknown, is not necessary. The general averment of an illegal sale is sufficient; the kind of liquor sold need not be specified. *When statutes create offences, indictments should contain prop- [*159J er and sufficient averments to show a violation of the law and to enable the accused to meet the charge; beyond this, particularity of specifi- cation may furnish a means of evading the law, rather than defending against an accusation.
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