State v. Talerico

A demurrer to an indictment having been sustained the State has appealed. In the indictment the grand jury accuse appellee of Keeping Liquor Where Beer Is Sold as defined in code sections (now Code of 1939) 1921.126 and 1921.132,-and charge that appellee kept liquor for beverage purposes having an alcoholic content greater than 4 per cent by weight in the place of business of a class “B” beer permit.

The basis of the demurrer was the alleged invalidity of section 1921.126, which the indictment charged had been violated. No direct attack was made upon section 1921.132, which is the criminal…