Commonwealth v. Marcoffsky

Opinion of the Court by

Judge Carroll .Affirming.

In June, 1915, the appellee was accused of the offense of selling whiskey in local option territory, to-wit: in the city of Mt. Sterling, in Montgomery county. He was tried and convicted in the county court, and on his appeal to the circuit court there was a judgment, by the direction of the trial court, finding-him; not guilty of the offense charged, and the Commonwealth appeals.

*722The agreed facts show that a local option election was held in Montgomery county on September 28, 1914, at which a majority of the legal votes cast were against the…