Sizemore v. Commonwealth

Opinion of the Court by

Judge McCandless

Reversing.

John S. Sizemore was convicted of having spirituous liquor in his possession. On this appeal he insists that the court erred in refusing a peremptory instruction in his favor, and in the instructions given.

It appears that defendant and William Couch went into a coal bank belonging to the latter to procure some coal. The prosecuting witness, John (Cold Foot) Size-more, stated that he saw them come out, and that as they did so he saw defendant pick up a bottle of liquor that was lying on the bank at the mouth of the entrance and take a drink and…