Cooper v. Commonwealth

The plaintiff in error, hereinafter called the accused, was convicted of a second offense of violating the prohibition law (Acts 1918, Ch. 388, p. 578), and sentenced to confinement in. jail .for twelve months and to pay a fine of $500.00. The petition for the writ of error assigns five errors, alleged to have been committed by the trial court. The fourth assignment of error is abandoned, and the petition admits that the fifth assignment raises the same question that is raised by the second.

The indictment contains two counts. The first count is the “omnibus count,” charging the unlawful sale,…