Roberts v. Commonwealth

Opinion of the Court by

Judge McCandless

Affirming.

From a verdict and judgment in the Daviess circuit court finding him guilty and fixing his punishment at a fin© of $400.00 and 10 days in jail, J. W. Roberts appeals.

He insists that the indictment was bad on demurrer and that he was entitled to a peremptory instruction to find him not guilty. The indictment was returned in October, 1922, and it specifically charges that “in Daviess county and within twelve months last before the finding of the indictment, J. W. Roberts did wilfully and unlawfully have in his possession an illicit still or…