Deer v. Commonwealth

Opinion of the Court by

Judge Clarice

Reversing.

The defendant was charged by the indictment with keeping for sale “malted intoxicating liquor, a concoction known as ‘home brew,’ ” and upon trial was convicted and his punishment fixed at a fine of $225.00 and imprisonment in the county jail for 45 days.

The Commonwealth proved and the defendant admitted the possession for salé of a beverage called “home brew,” but he and all of his witnesses, as well as one of the two witnesses introduced by the Commonwealth, testified it was not intoxicating; while the other witness for the Commonwealth simply…