Hilliard v. State

As we view the questions presented by the record now before this court., we are confronted with this question: Can a defendant be lawfully sentenced in a misdemeanor case, where he enters a plea of guilty to an accusation which is void, in that therein no offense is charged? This brings up for determination whether or not the accusation stated an offense. Code § 58-209 provides: "It shall be unlawful for any . . individual to knowingly permit or allow any one to. have or possess or locate on his premises any apparatus for the distilling or manufacturing of the liquors and beverages specified…