Commonwealth v. Smith

Opinion by

Keller, J.,

These appellants, together with Max Moses and Tobias Gelles, were jointly indicted for (1) violating the liquor laws of the Commonwealth (five counts) and (2) conspiracy to transport intoxicating liquor. At the conclusion of the Commonwealth’s evidence, and after the Commonwealth’s case had closed, these appellants, Smith and Beech, separately demurred to the evidence. The Commonwealth did not expressly join in the demurrer, nor refuse to do so, as it might have done and insisted on a jury trial, (Com. v. Parr, 5 W. & S. 345, 346) but tacitly acquiesced in the demurrer,…