Nunnelley v. Commonwealth

Opinion of the Court by

Judge Dietzman

Reversing.

Under a warrant which has been lost, bnt which it is agreed by the parties hereto properly charged appellant with the offense of unlawfully transporting whiskey, he was tried and found guilty under an instruction which submitted to the jury only the question whether or not he had aided and abetted such transportation. That instruction reads:

“If you believe from the evidence in this case beyond a reasonable doubt that the defendant, J. F. Nunnelley, in this county and at the time mentioned in the evidence and within 12 months before the finding of…