Commonwealth v. Noye

Opinion by

Henderson, J.,

The defendant was the proprietor of a hotel in Perry County. A part of its equipment was a bar, at which beer was sold. The beer was drawn from a spigot back of the bar. Two members of the State Police who visited the place obtained through the spigot a quart of beer which, as admitted by the defendant’s counsel at the trial, contained four and four-tenths per cent, of alcohol. The defendant testified in his own behalf, and, in the course of his examination, admitted that he bought beer from different bottlers and brewer's and from a number of persons who came with…