Thomas v. Commonwealth

Citations

• 90 Va. 92
• 17 S.E. 788
• 1893 Va. LEXIS 17

Syllabus

<p>1. Cbiminal Proceedings — Indictment.—Indictment laying the charges of unlawfully selling different kinds of intoxicating liquors in the disjunctive, is sufficient. Morgan’s Case, 7 Gratt., 592.</p> <p>2. Election Under Repealed Statute — Validity.—An election held July 1, 1886, under act of February 26, 1886, was not invalidated by repeal of that act after May 1, 1888, by the adoption of Code, § 4202.</p> <p>3. Judicial Cognizance — Election.—The court will take notice judicially that at an election held under act of February 26, 1886, in the magisterial district wherein the offence is laid, the vote against license prevailed, and no allegation to that effect is necessary in the indictment (Savage’s Case, 84 Va., 582) ; and also that apple brandy is intoxicating.</p> <p>4. Clerical Error. — A mistake as to the date of an order entered in the record of the county court in relation to such election will not invalidate the election.</p>