Upshur v. Commonwealth

James Upshur, hereinafter referred to as the defendant, was tried and convicted by a jury upon the charge of unlawfully manufacturing ardent spirits, and for having in his possession material and equipment for the unlawful manufacture of such spirits. It was also alleged in the warrant upon which he was tried, and admitted by the defendant, that he had been previously convicted of a violation of the provisions of the Virginia Alcoholic Beverage Control Act, Code 1936, section 4675 (1) et seq.

The defendant moved to set aside the verdict as being contrary to the evidence and for misdirection of…