delivered the opinion of the court.
The defendant was indicted under the first section of the act concerning dram-shops, which declares that “ no person shall directly or indirectly sell intoxicating liquors in any quantity less than one gallon without taking out a license as a dram-shop keeper. (R. C. 1855, p. 683.) The indictment charges that the defendant, on the 1st of August, 1857, at Laclede county, sold intoxicating liquors, to-wit, one quart of whisky “ without having, any license for that purpose continuing in force during all that time authorizing him so to do,” &c. It was objected, in the motions to quash and in arrest, that the indictment did not sufficiently deny any legal authority to the defendant to sell intoxicating liquors; but we think the right to sell is sufficiently nega