Commonwealth v. Coe
Supreme Court of Virginia
The defendant Thomas J. Coe was indicted in the circuit superiour court of law and chancery for Wood county, for selling ardent spirits by retail, “to be drunk at the place where sold,” without having a license therefor.
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The defendant Thomas J. Coe was indicted in the circuit superiour court of law and chancery for Wood county, for selling ardent spirits by retail, “to be drunk at the place where sold,” without having a license therefor. At the trial the commonwealth adduced evidence that the defendant had sold whiskey by retail at the place mentioned in the indictment, and within twelve months previous to the finding of the same ; but ^whether the whiskey was sold to be drunk at the place, or to be carried away by the purchaser, did not appear. The attorney for the commonwealth contended, that the words “to…
1Opinion of the Court
FRY, J.,
delivered the opinion of the court. —According to Tefft v. Commonwealth, 8 Leigh 721, the present is a case in which a writ of error may he awarded to the commonwealth. The attorney general has asked for one; and the enquiry is, what error the record presents ?
The indictment alleges that the defendant, without having a license therefor according to law, did sell by retail wine, brandy &c. to be drunk at the place where sold, contrary to the form of the statute in such case made &c. It is evidently founded on the 17th section of the act passed March 7, 1834. That the spirits were to be…
2Cited by1 opinion
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