Bailey v. Commonwealth

Opinion op the Court by

Judge Clay

Affirming.

This is an appeal from a judgment convicting' appellant of possessing intoxicating liquor and fixing his punishment at a fine of $300.00 and 30 days’ imprisonment in the county jail.

Error of the court in refusing a continuance is the first ground urged for reversal. The continuance was asked on account of the absence of the witnesses, George Brewner, Frank Brewner and Dick Smith. The affidavits alleged that if George Brewner and Frank Brewner were present they would testify that about six weeks before that time they brought 70 fruit jars from Wallins…