Commonwealth v. Harvey

Judge Simpson

delivered the opinion of the court.

The presentment in this case was found by the grand jury, since the adoption of the Revised Statutes. It charges that the defendant did, on the 4th day of November, 1852, in the county of Bracken, keep a tippling house, without having first obtained a license to keep a tavern. On the motion of the defendant, the court quashed the presentment, on the ground that the offense set out therein, was not charged with sufficient certainty.

By the Revised Statutes it is enacted (page 663,) that “any person, unless he shall have a license therefor, who…