Baughan v. Commonwealth

Cecil Elmo Baughan, the defendant, was convicted by the trial court, sitting without a jury, of the unlawful sale of “one 1/5 bottle of A. B. C. whiskey” in violation of Code, § 4-58. He was sentenced to pay a fine of $250.00 and to serve twelve months in jail, the jail sentence being suspended conditioned upon his good behavior for one year. In addition, an order of interdiction for one year (Code, § 4-52) was entered against the defendant and the whiskey found in his home was confiscated. The defendant was granted a writ of error.

The evidence shows that on November 27, 1963, at 12:30 A. M.,…