Turner v. Commonwealth

STEWART, Judge.

Denson Turner moves for an appeal from a judgment entered upon a jury verdict finding him guilty of the offense of illegally possessing intoxicating liquor for the purpose of sale in dry territory. His punishment was a fine of $50 and 30 days in jail.

The ground urged for reversal is that the lower court erred in refusing to peremptorily instruct the jury to find Turner not guilty, because it is maintained the only proof of guilt was incompetent evidence which the jury was allowed to consider over his obj ection. It is contended the supporting affidavit was insufficient, so that…