Combest v. Commonwealth

Opinion op the Court by

Judge Sampson

Affirming.

The indictment accuses Elbert McBath and Aubrey Combest of the offense of “unlawfully manufacturing, selling, giving away and keeping for sale, having in possession and transporting, spirituous, vinous, malt or intoxicating liquors” other than for purposes allowed by law. A trial resulted in a conviction of both McBath and Combest, but Combest alone prosecutes this appeal.

The demurrer to the indictment was properly overruled when the Commonwealth elected to try appellant *555for the offense of having whiskey in possession. Davis v. Com., 201 Ky. 300;…