Foster v. State

The accusation charged that the defendant “did sell as a retail dealer distilled spirits and alcohol without first obtaining a license from the State Revenue Commissioner.” The Code, § 27-2303, provides: “Upon the trial of an indictment for any offense, the jury may find the accused not guilty of the offense charged in the indictment, but, if the evidence warrants it, guilty of an attempt to commit such offense, without any special count in the indictment for such attempt.” The defendant was found guilty of an attempt to commit the offense charged in the accusation. The pleading and the…