Wathen v. Commonwealth

Opinion op the Court by

Judge Sampson

Reversing.

Upon an indictment accusing .appellant, Wathen, of the offense of unlawfully having in his possession an illicit still designed for the manufacture of intoxicating liquor, he was convicted and his punishment fixed at a fine of $500.00 and confinement in the county jail for six months. He appeals.

The evidence shows that two' federal prohibition officers were passing through the farm of appellant when they came upon an old abandoned residence, near a stream, and about three hundred (300) yards from the residence occupied by appellant, near which old…