Commonwealth v. Polous

*281Opinion oe the Court by

Judge Clay

'Certifying the law".

Dick Polous was acquitted and the Commonwealth appeals for the purpose of having the law certified. .

Appellee was charged with the offense of keeping intoxicating liquor for sale. Though this issue was submitted to the jury by an appropriate instruction, the Commonwealth insists that the court should have instructed on. unlawful possession. The argument is that the allegation, “for sale,” was mere surplusage, and that appellee was guilty if his possession was otherwise illegal. To enable the defendant to meet the offense charged, the Code…