Opinion
06-24-1852
COMMONWEALTH v. TAGGART.
An indictment for unlawfully selling ardent spirits to W will not authorize proof of selling to C.
At the March term 1848 of the Circuit court of Wood county Edward M. Taggart was indicted for unlawfully selling to Edward Welling ardent spirits, without a license, to be drank where sold. On the trial the jury found a special verdict as follows: " We the jury find the defendant guilty, provided proof of the selling of ardent spirits to Robert Campbell will sustain the indictment: And if it does not sustain the indictment then we find him not guilty.
With the consent of the defendant the Circuit court adjourned to this Court the question: What judgment ought this Court to give upon the verdict of the jury?
BY THE COURT.
Judgment should be entered for the defendant.