Mullins v. Commonwealth

Opinion .op the Court by

Judge Clay —

Reversing.

Appellant, who was jointly indicted with Les Mullins and found guilty of transporting intoxicating liquor, asks a reversal of the judgment on the ground that the evidence was insufficient to sustain the conviction, and the Court erred in its instructions to the jury.

The 'evidence is as follows: W. F. Gillis, marshal of the town of Livingstone, and John Kelly, the constable, testified that they had information that moonshine whiskey was being brought into Livingstone. On going north up the railroad track they saw appellant, Cas Mullins, and Les…