Commonwealth v. Lee

Opinion of the Court by

Judge Nunn

Affirming..Appellee wa-^ indicted in tbe Marion circuit court at its Mav term. 1910, chfir.°-ed with tbe offense of selling, barterin°’ or loanins’ spirituous, vinous and malt liquors, in quantities of less than five e-allons. to one Ben Lee. in tbe town of Lebanon. Kv., wliere tbe local option law was at tbe time in force.

At tbe conclusion of tbe Commonwealth’s testimony, tbe court, on motion of appellee, gave tbe jury a peremptory instruction to find for him. It appears that appellee and Ben Lee, tbe prosecuting witness, both lived outside of the corporate…