
    Commonwealth v. Hatcher.
    1849. June Term.
    
    An indictment, for that H, late of &c., without having a license therefor according to law, did, on &c., at &c., in said county, sell by retail, wine &c., not to be drank where sold, against the statute &c., and against the peace and dignity of the Commonwealth, is a good indictment.
    At the October term 1846, of the Circuit court of Henry, the grand jury found an indictment against David Hatcher, for that the said David Hatcher, late of said county, without having a license therefor according to law, did, on the 16th day of August, in the year 1846, at the house of David R. Hill in said county, sell by retail, wine, rum, brandy, whiskey and gin, and mixtures thereof, not to be drank where sold, against the statute in such case made and provided, and against the peace and dignity of the Commonwealth.
    At a subsequent term of the Court, the defendant demurred to the indictment; and the Court sustained the demurrer, and rendered a judgment thereon for the defendant; whereupon, the Attorney General, in behalf of the Commonwealth, applied to this Court for a writ of error, which was awarded.
   By the Court.

The judgment is reversed with costs, and the cause remanded.  