Carleson v. Commonwealth

Prentis, P.,

delivered the opinion of the court.

The plaintiff in error is here complaining of his conviction of a misdemeanor.

He assigns two errors. The first of these is that he was tried by a jury of five for a misdemeanor, and that the court refused to empanel a jury of twelve, his claim being that he was indicted and should have been tried for a felony.

The indictment charged him with unlawfully selling ardent spirits, and with unlawfully keeping,, storing and exposing ardent spirits for sale, and with unlawfully manufacturing, selling, offering, keeping, storing and exposing for sale,…