State v. Berkeley

Brannon, Judge :

Berkeley was tried and acquitted in the Circuit Court of Hampshire county upon an indictment accusing him of giving false prescriptions as a physician to a druggist to enable a person to purchase spirituous liquors, and the state appeals.

On the trial the state offered to give the prescriptions in evidence, but they were rejected by the court, and the question is whether their exclusion was proper.

The state proved that Berkeley, as a physician, had given Whiteacre, a young man, “on the representation of White-acre that he had a delicate aunt in town, and they would need some…