Caudill v. Commonwealth

Opinion of the Court by

Judge Settle

Reversing.

Under an indictment for selling spirituous, liquor in local option territory, the appellant was, by verdict of a jury, found guilty, and his punishment fixed at a fine of $60.00. A nevr trial was refused him, and he asks a reversal of the judgment of conviction on the grounds: First, that the trial court did not properly instruct the jury; second,- that a peremptory instruction directing his acquittal should have been given.

But one witness, Jas. A. Vernon, was introduced by the Commonwealth, and his testimony did not differ from that, of appellant…