Burner v. Commonwealth
Supreme Court of Virginia
At the September term 1854 of the Circuit court of Shenandoah, Noah J. Burner was indicted for keeping an ordinary at his house in said county without having obtained a license to do so. There was a verdict and judgment for thirty dollars against the defendant: Whereupon he applied to this court for a writ of error, which was allowed. The case is stated by Judge Samuels in his opinion.
1Opinion of the CourtSamuels, J.
An indictment containing two counts, was found against Noah J. Burner, in the Circuit court of Shenandoah county. The first count alleged, “ that Noah J. Burner, on the first day of August 1854, at *779his house in Powell’s Fort in the county aforesaid, did. keep an ordinary without obtaining a license to do so, contrary to the form of the statute in such case made and provided,” &c. The second count differs from the first only in alleging the keeping of the ordinary to have been on the second day of August 1 854, and from that time to the first day of September 1854. A separate demurrer was…
2Cited by1 opinion
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