Savage v. Commonwealth
Supreme Court of Virginia
Error to judgment of circuit court of Accomac county, rendered May 19th, 1887, approving judgment of county court of said county rendered April 30th, 1887, upon an indictment against Duflield Savage, under Acts 1885-6, p. 259, § 5, for selling intoxicating liquor contrary to law. The county court overruled the defendant’s demurrer to the indictment.
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Error to judgment of circuit court of Accomac county, rendered May 19th, 1887, approving judgment of county court of said county rendered April 30th, 1887, upon an indictment against Duflield Savage, under Acts 1885-6, p. 259, § 5, for selling intoxicating liquor contrary to law. The county court overruled the defendant’s demurrer to the indictment. The jury found him guilty and assessed upon him a fine of $100. The defendant moved to set aside the verdict, which motion the county court overruled, and sentenced him according thereto, adding thirty days’ imprisonment in the county jail. To…
1Opinion of the Court
Lewis, P.,
delivered the opinion of the court.
The indictment, to which there was a demurrer, charges that the defendant “ on the — day of March, 1887, in the magisterial district of Lee, in the said county, did unlawfully sell intoxicating liquors to one John Johnson, against the peace and dignity of the commonwealth.”
It is contended for the plaintiff in error that the indictment is defective—-first, because it does not charge that the offence was committed in a magisterial district which had voted against license; secondly, because it does not charge that the liquor sold was such as the…
2Cases cited2 opinions
- Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
- Richardson v. CommonwealthSupreme Court of Virginia · 1885
3Cited by17 opinions
- Anderson v. CommonwealthSupreme Court of Virginia · 1902
- Williams v. CommonwealthCourt of Appeals of Virginia · 2010
- Bishop v. Com.Supreme Court of Virginia · 2008
- Jay v. O'DonnellIndiana Supreme Court · 1912
- West v. FergusonSupreme Court of Virginia · 1861
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