Donithan v. Commonwealth

Keith, P.,

delivered the opinion of the court.. Donithan was indicted in the Circuit Court of Pulaski county for the unlawful sale by retail of “spiritous and malt liquors, whiskey, brandy, wine, ale, beer, or mixture thereof.” Upon the trial the evidence failed to prove the sale of any of the articles specifically mentioned in the indictment, but evidence was *846admitted of the sale of eider which produced intoxication, and upon this proof the jury rendered, a verdict against the defendant, and fixed his fine at $50.00, upon which judgment was entered.

During the progress of the trial the…