Baker v. Commonwealth

Opinion of the Court by

Judge Tilford

Reversing.

The appellant was indicted by the grand jury of Knox county for unlawfully and wilfully having in his possession in local option territory “spiritous, vinous, malt and intoxicating beer and which said beer were not for sacramental, medicinal, scientific, or mechanical purposes.”

At the conclusion of the commonwealth’s evidence, which consisted of the testimony of several witnesses that the appellant was reputed to be the owner of a store in which beer was sold, appellant moved the court to peremptorily instruct the jury to find him not guilty, but…