Walker v. Commonwealth

Opinion op the Court by

Turner, Commissioner

Affirming.

*657Appellant was indicted charged with “having in possession spirituous, vinous and malt liquors for sale.”

In attempting to negative the exceptions in the statute he was charged with having the same in possession and keeping the same for sale “for other than mechanical, medicinal, scientific and sacramental purposes.”

The chief contention here is that the trial court erred in overruling defendant’s demurrer to the indictment because the language used in the indictment does not sufficiently negative the exceptions contained in the statute.

The…