Middleton v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Appellant, who was convicted of manufacturing intoxicating liquors in violation of the Prohibition Act, challenges the sufficiency of the indictment on the ground that it failed to name the county in which the alleged offense was committed. The point is well taken. The Code provides that an indictment must be direct and certain as regards the county in which the offense was committed. Criminal Code, section 124, subsection 2. The object of the provision is not only to fix the venue of the action for purposes of jurisdiction and "to apprise the…