Caudill v. Commonwealth

Opinion op the Court by

Judge Thomas

Affirming.

Appellants, Caudill and McLemore, were convicted in the Simpson circuit court of. the offense of unlawfully possessing spirituous, vinous and intoxicating liquors for other than permitted purposes, and they appeal from the judgment and through their counsel urge two errors as grounds for reversing it, which are (1), incompetent and irrelevant evidence introduced by the Commonwealth over their objections, and (2), erroneous instructions. The alleged erroneous evidence complained of in ground (1) consisted in (a), the insufficiency of the affidavit…