Baker v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Appellant was indicted for the offense of “owning, harboring, operating and having in his possession an *182illicit or moonshine still. ’ ’ The indictment being duplicitous, he asked that the Commonwealth be required to elect. His motion was sustained, and the Commonwealth elected to try him for the offense of “harboring a moonshine still.” The jury found him guilty and imposed a fine of $300.00, in addition to a jail sentence of 50 days.

The present statute merely makes it unlawful for any person “to buy, bargain, sell, loan, own, have in possession or…