Ruth v. City of Abingdon

This was a prosecution originally commenced before a justice of the peace, against appellant, Henry Ruth, to recover a penalty for the alleged violation of an ordinance of the town of Abingdon, against selling alcoholic or intoxicating drinks. A conviction was had before the justice of the peace, and a fine of $200 imposed. On appeal to the circuit court, a trial was had, resulting in a verdict of guilty and the assessment of a fine of $50; from the j ud gm ent_ where on this appeal is taken.

The court below gave to the jury, on behalf of the prosecution, the following instruction:

“ The jury…