Spriggs v. Commonwealth

Opinion of the Court by

Chief Justice Sampson

Reversing.

The two appellants and J. C. Spriggs were indicted in the Martin circuit court and found guilty of the offense of operating or assisting in the operation of an illicit or moonshine still, and each fined $300.00 and adjudged to serve ninety days in the county jail. Of the several grounds assigned for a reversal of the judgment it will be necessary for us to consider only two: (1) The sufficiency of the indictment; (2) the competency of the evidence introduced by the Commonwealth.

1. The indictment is charged to be duplicitous. It charges the…