Howard v. Commonwealth

Opinion op the Court by

Sims, Commissioner

Reversing.

The grand jury of the Circuit Court of Clay County returned an indictment against the appellant, Hanley Howard, the accusatory part of which charged him with the offense of “unlawfully selling spirituous, vinous, malt, liquor and other intoxicants, otherwise than for sacramental, medicinal, scientific or mechanical purposes”. The descriptive part of the indictment reads:

“Hanley Howard did on the third day of October, 1940, in the county, circuit and state aforesaid, and within twelve months, next before the finding of the indictment herein,…