Porter v. Commonwealth

Opinion op the Court bt

Judge McCandless

Reversing.

Aubrey Porter and Millard Giasby were tried and convicted in the Martin circuit court, the punishment of each being fixed at a fine of $200.00 and sixty days in jail. Porter appeals.

The indictment charges them with having in possession a moonshine or illicit still and of operating a moonshine or illicit still for the manufacture of spirituous or intoxicating liquor, and a description of the offense is in similar language. A demurrer to the indictment was filed and the Commonwealth’s attorney elected to prosecute the defendants for operating a…