Johnson v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

Appellant was convicted under a warrant charging him with the offense of having in his possession for the purpose of sale “malt and intoxicating liquor,” and his punishment fixed at a fine of $100.00 and thirty days’ confinement in the county jail.

The only evidence offered in support of the charge was that appellant had in his possession moonshine whiskey. It is conceded that the warrant was not demurrable, but insisted that there was a fatal variance between the charge and the proof, and that the proof was insufficient to sustain the charge. While…