Bingham v. Commonwealth

Opinion op the Court by

Judge Latimer

Reversing.

Wolfe Bingham, appellant, was convicted of the offense of possessing whiskey for sale and his punishment fixed at $100 fine and 30 days in jail. He appeals and urges reversal because: (1) The court erred in refusing further witnesses to testify for the defense. (2) Instruction No. 2 was erroneous. (3) The search warrant was not offered in evidence. (4) Closing argument of Commonwealth’s Attorney was improper. (5) The evidence does not support the verdict, and (6) The trial judge was partial to the prosecution.

Since we have concluded that the…