Sams v. Commonwealth

*136Opinion op the Court by

Judge MoCandless

Reversing.

Defendant appeals from a conviction for selling Jamaica ginger for beverage purposes. Objection is made to tbe instruction, which reads:

“If the jury believe from the evidence beyond a reasonable doubt that in this county, and within twelve months before the issual of the warrant herein, the defendant, Monroe Sams, sold to Dillard Jones tincture of ginger, commonly known as ‘jake/ as Jamaica ginger, and that the same is commonly and generally used as a beverage, and is an intoxicating liquor and contains more thon one-half of one per cent of…