Potter v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing.

The grand jury of Pike county returned an indictment against Ira Potter charging him with the “offense of unlawfully manufacturing, selling, ’bartering, possessing, giving away, keeping for sale and transporting intoxicating liquor.” He demurred to the indictment and the Commonwealth elected to try him “for operating a moonshine still.” The court instructed the jury to find him guilty if they believed from the evidence to the exclusion of a reasonable doubt that he, in Pike county and within twelve months before the finding of the indictment,…