Dillon v. Commonwealth

WADDILL, Commissioner.

This case is before us on motion for an appeal from a judgment convicting ' defendant of possessing and selling untaxed moonshine whiskey without a license. The punishment imposed by the jury was a fine of $100.

Reversal is sought on the ground that the court erred in failing to sustain the demurrer to the indictment. The accusatory part of the indictment charges defendant with the offense of selling whiskey without a license, while the descriptive part alleges possession of untaxed whiskey for the purpose of sale without a license. The indictment is defective for the…