Commonwealth v. Hill
General Court of Virginia
David R. Hill was indicted at the October term 1846, of the Circuit Court of Henry county, for that he, without having a license therefor according to law, did on the 20th of August 1846, at his own house in said county, sell by retail, rum, brandy, &c., not to be drank where sold, against the statute in such case made and provided, &c. The defendant demurred to the indictment, and the Court below sustained the demurrer.
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David R. Hill was indicted at the October term 1846, of the Circuit Court of Henry county, for that he, without having a license therefor according to law, did on the 20th of August 1846, at his own house in said county, sell by retail, rum, brandy, &c., not to be drank where sold, against the statute in such case made and provided, &c. The defendant demurred to the indictment, and the Court below sustained the demurrer. Whereupon, on the application of the Attorney General, this Court awarded a writ of error to the judgment.
1Opinion of the CourtLomax, J.
Hill was indicted at October term 1846, in Henry Circuit Court, for that “ without having a license therefor, according to law, he did, on the 20th day of August in the year 1846, at his own house, in said county, sell by retail, wine, rum, brandy, and mixtures thereof, not to be drank where sold, against the statute,” &c. &c. To this indictment the accused demurred; the Corn*688monwealth’s attorney joining in the demurrer. The ^ourt gave judgment sustaining the demurrer, and decided that the matters in the indictment, as the same were therein set forth, were not sufficient. To this judgment a…
2Cited by11 opinions
- State v. MillerSupreme Court of Connecticut · 1856
- State v. B. & O. R. R.West Virginia Supreme Court · 1879
- Miller v. ShieldsIndiana Supreme Court · 1890
- State v. RichardsWest Virginia Supreme Court · 1889
- State v. TippensWest Virginia Supreme Court · 1922
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