Supreme Judicial Court of Maine March 19, 1889 (State v. Dunlap)

Haskell, J.

The indictment charges the sale of “a quantity •less than five gallons of cider” on the first day of August 1886, without stating that it was sold “to be used as a beverage or for .tippling purposes,” The omission is fatal to the indictment; for *391all that the indictment charges may be true, and the defendant have violated no law.

The indictment is found under c. 27 of R. S.