Gourley v. Commonwealth

*223Opinion op the Court by

Judge Carroll

Reversing.

Appellant, under an indictment charging him with the offense of selling and furnishing spirituous, vinous, intoxicating or malt liquors to W. G. Pryse in violation of the local option law was found guilty by the jury and sentenced by the court to pay the fine imposed. He asks a reversal of the judgment because the court erred in admitting incompetent evidence and in failing to instruct the jury to acquit him. This last ground is based upon the theory that if the incompetent evidence had been excluded, there was not sufficient evidence to authorize…