Foskey v. State

Bell, Chief Judge.

The defendant was convicted of Counts 2 and 3 of a three-count indictment and sentenced to twelve months confinement on each count. Held:

1. Count 2 purports to charge the defendant with a violation of Code § 58-209. Error is enumerated on the failure of the trial court to charge the substance and principles of that statute. This enumeration has merit. Count 2 in pertinent part reads as follows: ". . . with the offence of possession of distillery apparatus for that the said Billy Foskey, Jr. ... did then and there unlawfully and with force and arms, did unlawfully control,…