Bruguier vs. the United States.
quality, kind and value, when not descriptive of the identity of the subject of the action, will be found immaterial, and may not be proved strictly as alleged. It is sufficient if the proof agree with the allegation in its substance and general character without precise conformity in every particular. An indictment describing a thing by its generic term, is supported by proof of a species which is clearly comprehended within such description. Thus: if the charge be of poisoning by a certain drug, and the proof be of poisoning by another drug, it is sufficient; or, if the charge be of a felonious assault with staff and the proof be of such an assault with a stone; 1 Greenleaf, (sixth edition) 80 to 97, and notes are authorities sufficient upon this point and are (generally) all in favor of this position herein laid down.
In cases where there are two words or phrases, as in this case—"spirituous liquor" and "whisky"—the broader includes the latter.
The statute does not use the word "whisky," but whisky is spirituous liquor; proof, then, of the giving or selling of "spirituous liquor," the word being controlled by a videlicet, whatever the allegation in the indictment might be—whether rum, gin, brandy or whisky, or any other thing which is spirituous liquor, the allegation would be sustained and the proof should be regarded as competent to sustain such charge in the indictment. 1 Whar. Crim. Law, 622; and cases there cited.
No errors appearing in the record, the judgment of the court below is
- Since this decision was pronounced, a Statute of the United States has been passed, whereby all persons can "give evidence” and shall enjoy the benefits of all laws a da white citizens within the jurisdiction of the United States Revised Statutes of the U. S., 348, § 1977. Reporter.
