Patrick v. Commonwealth

Opinion op the Court by

Judge Clay —

-Reversing.

Appellant, Art Patrick, who was convicted of selling intoxicating liquors, asks a reversal on the ground that the Commonwealth failed to show that the alleged sale took place within one year from the finding of the indictment, or within one year from the service of the warrant in the police court, and on the further ground that the instruction was erroneous in that it authorized a conviction if the jury believed from the evidence, beyond a reasonable doubt, that appellant, “within twelve months before the 9th day of February, 1922, when the…