Gayle v. Commonwealth

The plaintiffs in error, who were retail grocers in Suffolk, were fined $50 each by the mayor of that city for the alleged violation of section 14 of an act approved March 12, 1908, commonly known as the “Byrd Liquor Law” (3 Ya. Code, p. 766), which forbids the sale of cider containing more than six per cent, of alcohol in local option territory and where no license to sell ardent spirits by retail has been granted. Upon appeal to the circuit court, the judgment of the Mayor was affirmed, which judgment we are asked to review.

Over the objection of the accused, the fact that the cider sold by…