Martin v. Commonwealth

Opinion op the Court by

Judge MoCandless

Reversing.

This appeal is prosecuted from the Floyd circuit court in which the indictment charged the defendant with the offense of “unlawfully selling spirituous liquors,” The acts constituting the offense are thus set out in the descriptive part, viz.: “Did unlawfully sell -spirituous, vinous 'and malt liquors, not for mechanical, scientific, medicinal or sacramental purposes . . . being what is commonly known as lemon extract for beverage purposes the same containing more than one-half of one per cent alcohol.”

_ -Section 2554a of the Kentucky Statutes,…