Musgrove v. Commonwealth

Opinion op the Court by

Judge Cammack

Reversing.

Mose Musgrove and Ms wife were charged with selling whiskey in local option territory. They were found guilty and the punishment of each was fixed at a fine of $100 and 30 days in jail. They have moved this Court for an appeal on the grounds that they were entitled to a peremptory instruction, because there was no proof showing that McCreary County is in local option territory, and because the court erred in instructing the jury. Their appeal is granted because we think both of their contentions are well grounded.

There was no evidence showing that…