
    *Commonwealth v. Hamor & Wife.
    June Term, 1852.
    i. Criminal Law — Sale of Ardent Spirits — Joint Indictment. — Husband and wife may be jointly indicted
    
      for a single act of retailing ardent spirits.
    2. 5ame — Same — Same — Separate Judgments. — la such a case if they are convicted, a fine must he assessed, and a judgment rendered against each separately.
    Seth Hamor and Tasa his wife were jointly indicted in the Circuit court of Wood count3' for unlawfully retailing ardent spirits. The indictment contained but one count, and a general charge that Seth Hamor and Tasa Hamor his wife had unlawfully without having a license therefor, at their dwelling house &c. sold by retail ardent spirits.
    The defendants appeared and demurred to the indictment; and the Circuit court with their consent adjourned to this Court the' following questions:
    1st. Can a husband and wife be jointly indicted for a single act of retailing ardent spirits ?
    2d. Can the fine be jointly assessed, and a joint judgment rendered against both the defendants for the same act of retailing ?
    3d. What judgment ought the Court to give on the demurrer to the indictment ?
    
      
      See foot-note to Com. v. Harris, 7 Gratt. 600.
    
   By the court.

In answer to the questions-adjourned the Court is of opinion and decides:

As to the first question, that a husband and wife may be jointly indicted for a single act of retailing spirituous liquors.

As to the second question, that the fine cannot be assessed jointly', anda joint judgment rendered against both defendants for the same act of retailing;. but the fine should be assessed separately, and judgment rendered *against" each defendant. See Commonwealth v. Roy, 1 Va. Cas. 262.

As to the third question, the demurrer to the indictment should be overruled- and judgment rendered against each of the defendants for 30 dollars ; unless they plead.

But the Court deems it proper to say that whether the wife should be convicted upon the indictment, must depend upon the facts proved upon the trial, if defence shall be made.  