Commonwealth v. Shepperd

Opinion by

Judge Lindsay :

In the case of Commonwealth v. Harvey, 16 B. Mon. 1, this court held that in an indictment for keeping a tippling-house, it was not necessary to negative the existence of such facts as under the *711statute authorized the sale of liquors to be drunk on or adjacent to the premises of the party selling.

Rodman & Lee, for appellant. F. P. Strauss, for appellee.

In the case of Creekmore v. The Commonwealth, 5 Bush 311, it was held, that the averment that the person indicted kept a tippling-house, was sufficient, without singling out in detail the concurrent facts necessary,…