Johnson v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

On his first trial for the offense of manufacturing intoxicating liquor appellant was convicted. On appeal the judgment was reversed for error in the instructions, the court declining to pass on the sufficiency of the evidence to take the case to the jury. Johnson v. Commonwealth, 202 Ky. 714, 261 S. W. 255. On the return of the ease appellant was again convicted, and he now insists that the evidence, was wholly insufficient either to. sustain the verdict or to require the submission of the case to the jury.

The evidence may be summarized as follows:…