Gossett v. Commonwealth

Opinion op the Court by

Creal, Commissioner—

Reversing.

Buck Gossett has been convicted of the offense of possessing intoxicating liquor for the purpose of sale and his punishment fixed at a fine of $100 and imprisonment in the county jail for 30 days and he is here on motion for appeal.

In support of his motion and as grounds for reversal it is argued, (1) that the court erred in failing-to instruct the jury to find him not guilty at the conclusion of the commonwealth’s testimony, and (2) that the court failed to properly instruct the jury.

The evidence shows that officers who had stationed…