Cox v. Commonwealth

James M. Cox, the plaintiff in error, was indicted, tried and convicted of unlawfully keeping and storing ardent spirits, and his punishment fixed at a fine of $75.00 and imprisonment in jail for thirty days. He assigns a number of errors, but all of them were abandoned at the hearing except those hereinafter considered.

It is assigned as error that the verdict of the jury was plainly contrary to the evidence and without evidence to support it.

The only testimony offered by the Commonwealth was that of two of the officers who made the arrest. They were not familiar with the location, and were…