Keser v. Commonwealth

Opinion op the Court by

Judge Sampson

Reversing.

The indictment acenses appellant Keser of the offense of having in his possession whiskey for the purpose *810of sale. He at the time charged in the indictment was operating a restaurant .and rooming house in the town of Poor fork, Harlan county. The first trial of the case resulted in a hung jury, while the second one resulted in a verdict of guilty, fixing ids fine at $300.00 and imposing a jail sentence of sixty days. Judgment being entered in accordance with the verdict, he prosecutes this appeal.

The evidence-shows that about ten o’clock on Sunday…