Davis v. Commonwealth

*301Opinion op the Court by

Judge Clarke

Affirming.

Appellant was convicted of having in possession an illicit still, which is made a misdemeanor by section 4 of chapter 33 of the 1922 Acts.

For reversal he insists that the court erred in overruling his demurrer to the indictment, and his motion for a directed acquittal.

The indictment charged appellant not only with having in his possession an illicit still, but also with operating same, and, upon the theory that for this reason the indictment was duplicitous, the Commonwealth before the demurrer was ruled upon elected to prosecute appellant upon the…