Commonwealth v. Campbell

JUDGE ROBERTSON

delivered the opinion of the court:

This appeal presents two questions for revision — 1. Is a judgment sustaining a demurrer to an indictment, simply charging the accused with the offense of ukceping a tippling - house for three consecutive months,” such a final judgment as will give this court jurisdiction ? 2. Does such a charge, without qualification, sufficiently define an indictable offense ?

1. The judgment is, in effect, a dismission of that indictment, and exonerates the appellee from trial for the act therein charged; and therefore, being final in this case, is revisable…