Simpson v. Commonwealth

Appellant was indicted and tried for having seven quarts and two cans of beer in his possession for sale in territory which had. been declared .legally dry as a result of a local option election. He was convicted and sentenced to 30 days in jail and fined$50. It is urged upon this appeal that the Commonwealth failed to prove that the. territory was dry at the time of the offense charged, and that the trial court should have affirmatively instructed the jury to the effect that the appellant claimed that he had the beer for his own use.

The officers found the beer under a trap door in a closet…