Brown v. Commonwealth

CATINNA, Commissioner.

James W. Brown was indicted for the unlawful sale of narcotics. The indictment alleged sales to David Eades, Mary Smith, and Bill Smith. The count as to Bill Smith was dismissed. The jury found Brown guilty of sales to David Eades and Mary Smith and fixed his punishment at fifteen years’ confinement in the penitentiary and a $5,000 fine on each count.

Brown complains first that the court committed prejudicial error when it *211failed to direct a verdict on the count charging sales to David Eades, because the evidence failed to support a conviction. The thrust of Brown’s…