McWhorter v. Commonwealth

Opinion of the Court by

Van Sant, Commissioner

Beversing.

The appeal has been prayed from a judgment of conviction for the unlawful possession of untas paid ■whiskey in local option territory. The indictment charges the defendant with the offense of “unlawfully and willfully possessing spirituous, vinous, malt or other intoxicating’ liquors, towit: what is commonly known as moonshine liquor, untax paid in local option territory.” The arresting officer testified that on the 23rd day of April, 1943, he arrested the defendant in a drunken condition upon a public highway in Laurel county, and found…