Bean v. Commonwealth

Opinion, of the Court by

Judge Clarke —

Affirming.

Appellant was convicted of selling home brew, alleged to be an intoxicating liquor.

His first complaint is that the court erred in refusing to direct his acquittal because there was no competent proof the liquor was intoxicating. The two witnesses who bought it, however, testified without objection upon direct examination that they each drank a bottle of it, and that it was intoxicating,, and each was made to repeat the statement upon cross-examination..

*781It is therefore clear the competency of this evidence cannot now be questioned, and that it…