Commonwealth v. Wells

Opinion of the Court by

Judge Moorman

Reversing the judgment.

Appellant, Tom Wells, was indicted in tlie Shelby circuit court for unlawfully -giving to Lason Roberts, in January, 1922, one-fourth of a pint of intoxicating liquor, not for medicinal, mechanical, scientific or sacramental purposes. The lower court sustained a demurrer to the indictment, and the Commonwealth, complaining of that decision, has appealed to this court.

*264The indictment was returned under an act of March 23, 1920, chapter 81, Acts of 1920, section 1 of which reads: ‘ ‘ That it shall be unlawful to manufacture, sell,…