Witt v. Commonwealth

Opinion of the Court by

Chief Justice Clay—

Reversing.

Clarence Witt prays an appeal from a judgment convicting him of the unlawful possession of intoxicating liquor.

The facts as disclosed by the evidence are these: On the night of Aiigust 28, 1926, appellant’s car was parked at the side of the road with the lights on. He and his two companions were standing on the roadside a short distance from the car. The sheriff of Estill county, accompanied by two policemen of Irvine and a federal prohibition agent, 'drove up, and getting out of their car, asked the boys if they had any whisky. Though this…