Neely v. Commonwealth

OPINION OF THE COURT BY

JUDGE CLAY

Reversing.

Appellant was convicted under a warrant charging him with the offense of having in his possession for the purpose of salle "malt and intoxicating liquor;" and his punishment fixed at a fine of $300.00 and imprisonment in the county jail for sixty days.

The Commonwealth did not undertake to show the possession of malt liquor, but confined itself jç tllie poe- *166session of moonshine whiskey, or spirituous liquor. Appellant insists that he was entitled to a peremptory instruction. The basis of this contention is that the charge of possession of “malt and…