Padgett v. Commonwealth

CULLEN, Commissioner.

Harve Padgett moves for an appeal from a judgment of conviction of the offense of possession, in dry territory, of alcoholic beverages unlawfully acquired, under which he was fined $100 and sentenced to 30 days in jail. The transcript of evidence is not a part of the record, but the indictment recites that the alcoholic beverage in question was moonshine whiskey.

Padgett maintains that his demurrer to the indictment should have been sustained because the indictment failed to charge that the whiskey was knowingly possessed, and it failed to charge that the whiskey was…