Patton v. Commonwealth

Opinion op the Court by

Judge Baird

— Reversing.

Fred Patton prays an appeal from a judgment convicting him on the 21st day of July, 1937, in the Knott circuit court of selling intoxicating liquor to Bryan Slone, an habitual drunkard, and the jury fixed his (Patton’s) fine at $100.

The main contention is that the court committed a prejudicial error in the instructions given to the jury.

The failure of the court to give an instruction defining habitual drunkenness as used in the statute was a prejudicial error. The proof heard was very meager. The instruction given by the court and objected and…