McDaniel v. Commonwealth

Opinion of the 'Court by

Judge MoCandless

Affirming.

T. C. McDaniel appeals from a judgment of tlxe Olay circuit court in which he was convicted for a violation of the liquor laws of this Commonwealth.

For reversal he urges (a) that the law prohibiting a gift of spirituous liquor is invalid, (b) that under the circumstances of this case a gift of such liquor is not unlawful.

Appellant is deputy sheriff of Clay county, and in a raid on an illicit still he confiscated some moonshine liquor and carried it back with him, presumably to be used as evidence against the offender. While returning he was…