Dearing v. Commonwealth

Opinion op the Court by

Judge Moorman

Affirming.

On the 14th. day of June, 1922, appellant, Ike Dearing, was indicted in Caldwell county charged with unlawfully selling intoxicating liquor to Garfield Ray, not for sacramental, scientific, mechanical or medicinal purposes. The offense was alleged to have been committed within one year before the finding of the indictment. He was convicted and fined $175.00 and sentenced to thirty days in jail.

On this appeal two errors are assigned: First, the refusal of the trial court to instruct the jury to find the accused not guilty at the conclusion of the…