Freeman, J.,
delivered tbe opinion of the court.
This is a presentment by the grand jury, found on information of a witness sent before the grand jury under the inquisitorial power of the grand jury. It is for selling liquor, or tippling, within four miles of an incorporated institution of learning, the language being, “did unlawfully sell and tipple intoxicating beverages, to-wit, whiskey and brandy, within four miles of an incorporated institution of learning, contrary to the form of the statute in such cases,” etc.
Several objections were made in the motion to quash, which was sustained by the court below. First, that the name of the institution of learning is not stated. We have ruled this not to be a valid objection in the case of Odam v. The State, 2 Lea, 220. Because the exceptions in the statute are not negatived. This is not necessary in this case, the exceptions not being in the enacting clause. Next, because of the exercise of the inquisitorial power of the grand jury.
The offense defined by the statute is, “selling or tippling” intoxicating liquors. By section 5087, and sub-sections, the grand jury have inquisitorial power whenever they or any of them suspect a violation of the laws against “gaming, illegal voting, tippling, disturbing public worship,” etc.
This being a case of tippling, is clearly included under this statute. In enacting a new case of tippling and inflicting penalties for it, there was no need that the Legislature should expressly add that inquisitorial power was given to the grand jury. The law