State v. Clark

This is an appeal by the state from a judgment sustaining a demurrer to an indictment. ‘ The indictment charged the appellee with the possession of a still “on the-- — day of December, 1923.” The ground of the demurrer, as set forth therein, is that:

“The said indictment charges the defendant with no offense for the reason that said indictment fixes the date of the alleged offense as December, 1923, at a time when chapter 211 of the' Laws of 1922 was in effect, and said indictment fails to negative the exceptions provided in said law.”

Chapter 211 of the Laws of 1922 prohibits any person from…