Brown v. Commonwealth

Melvin Brown, the accused, was indicted for violating the prohibition law and the indictment contained two counts. The first count charged the accused with manufacturing distilled ardent spirits, while the second count charged him with the possession of two stills, caps and fermenters. When the evidence had been completed, the court instructed the jury that there was no evidence on which to' base a conviction under the second count. The jury, after being instructed, returned a verdict finding the accused guilty under the first count and fixing his punishment at a fine of $5.00 and confinement…