Rodgers v. Commonwealth

HILL, Judge.

Appellant seeks a reversal of his conviction and sentence of one year for the third violation of the Local Option Law. The only ground for reversal with any merit relates to the instructions given by the trial court. Instruction number one is as follows :

“If the jury believe from the evidence beyond a reasonable doubt, that the defendant, Orville (Tood) Rodgers, in Casey County, and before the finding of the indictment herein, and on or about the 25th day of August, 1965, did unlawfully sell to Joe Grote, two pints of liquor for which he paid Rodgers the sum of ($9.00) Dollars,…