George Shiras, Jr.

“ The statute sometimes prescribes the punishment of a commonlaw crime without defining it, or creates an offense and prescribes no form for an information. In such cases it is well held that the common-law requirements in charging it must be met. * * * But it is sufficient to charge a statutory offense in the terms of the statute. * * * The respondent contends that the prescribed form is defective, in that it does not require the names of the persons to whom sales are claimed to have been made to be set forth; that sales must be made to some persons. ”

“ Ct. 693, we were asked to hold certain provisions of the laws of the state of Vermont concerning the importation and sale of intoxicating liquors void, because they conflicted with the constitution of the United States wherein it confers upon congress exclusive power to regulate interstate commerce and forbids cruel and unusual punishments. ”

“ If these particulars were set out in the information, resort might have to be had to parol proof to identify the offense for which conviction was had. It might occur that the same respondent made more than one sale of the same kind and quantity of liquor to the same person, at the same price, at the same place, and on the same day. By the common law it has always been held that the prosecutor need not set forth the name of the person when unknown. ”