Commonwealth v. Head
Supreme Court of Virginia
The grand jury for the county of Scott, at the April term 18S1 of the Circuit court for that county, indicted Anthony Head of said county, for that he did on the 26th of April of that year, at the county aforesaid, sell by retail rum, brandy, &c., without having a license to authorize him to do so, to be then drunk where sold, contrary to the act of assembly, &c.
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The grand jury for the county of Scott, at the April term 18S1 of the Circuit court for that county, indicted Anthony Head of said county, for that he did on the 26th of April of that year, at the county aforesaid, sell by retail rum, brandy, &c., without having a license to authorize him to do so, to be then drunk where sold, contrary to the act of assembly, &c. Head appeared and demurred to the indictment; and the Circuit court sustained the demurrer, and gave a judgment for the defendant. Whereupon upon the application of the attorney general, this court granted a writ of error.
1Opinion of the CourtSamuels, J.
An indictment or presentment should always allege the offence with so much fullness and precision of description, that the defendant may know for what he is prosecuted, and thereby be enabled to prepare his defence; and further, that the conviction or acquittal may be pleaded in bar of any future prosecution for the same offence.
If we try the presentment before us by this standard, it will be found defective. The grand jury intended to present an of-fence against the latter clause *of the statute, ch. 38, ‘i 18, p. 209 of the Code. This offence is local in its nature ; place is of its…
2Cited by5 opinions
- Arrington v. CommonwealthSupreme Court of Virginia · 1890
- State v. CottrillWest Virginia Supreme Court · 1888
- Savage v. CommonwealthSupreme Court of Virginia · 1888
- State v. BoggessWest Virginia Supreme Court · 1892
- White v. CommonwealthSupreme Court of Virginia · 1908