Traughber v. Commonwealth

Opinion op the Court by

Judge Moorman

Affirming.

J. D. Traughber was convicted in the Logan circuit court of the offense of unlawfully having in his possession intoxicating liquor not for the permissible purposes denominated in the statute. He has appealed from the judgment, insisting: (1) That the indictment is defective; (2) that the trial court erred in admitting incompetent testimony prejudicial to his rights; and (3) that the instructions are erroneous.

The first criticism of the indictment is that its averments are deficient in the elements necessary to the statement of an offense, in that…