Spears v. Commonwealth

MOREMEN, Chief Justice.

Appellant, Oscar Spears, was accused in the Pike Circuit Court in the first count of an indictment with having “committed the third offense of illegally selling alcoholic beverages in dry local option territory.” In counts two and three he was charged with having previously been convicted in the Pike Quarterly Court, on two separate occasions, of the “offense of illegally possessing alcoholic beverages for the purpose of sale.” He was found guilty, as charged, and sentenced to one year’s confinement in the penitentiary.

It is contended that the language of the indictment…