Whitmire v. Commonwealth

Opinion op the Court by

Judge Settle

Reversing.

Appellant was tried and convicted under a warrant from the Princeton police court charging him with the offense of selling spirituous liquor in local option territory- He appealed to the Caldwell circuit court and on the trial before a jury in that court was again convicted, his punishment being fixed at a fine of $60 and thirty days in jail. The present appeal is from that judgment.

The evidence appearing in the hill of exceptions shows, in substance, that one Easter Petit wanted to know of appellant if he would sell her some whisky and that he…