Partin v. Commonwealth

Opinion of the Court by

Judge Dietzman

Reversing.

The appellant was tried and convicted in a magistrate’s court of Bell county under a warrant charging him with the offense of “unlawfully selling Jamaica ginger.” He appealed to the circuit court, where he met a like fate, and from this latter judgment he brings this appeal to this court.

He first insists that his demurrer to the warrant should have been sustained, and in this contention he is correct. This warrant charges the appellant with the offense of “unlawfully selling to ’Sherd Lambdin Jamaica ginger.” It does not charge that it was sold…