Messer v. Commonwealth

Prentis, P.,

delivered the opinion of the court.

The accused has been convicted • of having ardent spirits in his possession at a place not his home.

The facts shown by the Commonwealth are that three prohibition officers arrested him and found in his possession a small ten-ounce bottle containing about half a pint of whiskey.

The accused testified that he had been suffering from influenza; that his heart had become affected; that upon the advice of his physician he procured and had the whiskey; that he did not ask for or receive any prescription therefor, and having secured the whiskey, was on…