Neal v. Commonwealth

Whittle, P.,

delivered the opinion of the court.

Neal was indicted under the prohibition act (Acts 1916, p. 215), and brings error to a judgment upon the verdict of a jury finding him guilty and fixing his punishment at one month’s confinement in jail and a fine of $50.00.

The indictment followed the form prescribed by section 7 of the act, and charged the accused with being guilty of all the offenses enumerated therein. In point of fact, he was prosecuted under section 65, the pertinent part of which is as follows: “The possession by any person * * * in his home of more than one gallon of…