Faust

It is provided by section 397 of the Penal Code, as amended in 1893, that: “ Every person who *175 sells or furnishes .... intoxicating liquors to any Indian is guilty of a felony.” Defendant in this case was tried and convicted under an information charging that he did, on August 17, 1895, at the county of Lassen, “willfully and unlawfully sell and furnish intoxicating liquor, to wit, whiskey, to two Indians,” contrary to the form of the statute, etc. He contends on this appeal that the information was not direct and certain as to the offense charged, in that it failed to name the Indians to whom the liquor was furnished. The question is not free from difficulty, and • there is much conflict among decisions on cognate subjects. Wharton states the prevalent opinion to be that the name of the purchaser need not be averred in an indictment for retailing liquors without license, though he thinks that on principle, supported by several cases, the name of the vendee should be specified, if known, or the fact that he-is unknown should be alleged (Wharton’s Criminal Law, sec. 1510); and Mr. Bishop, in guarded language, expresses a similar view. (Bishop on Statutory Crimes, sec. 1037.)…