Little v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Reversing.

Appellant was charged hy indictment with the illicit manufacture of liquor, and in aiding others so to do. On his trial he was found guilty, and prosecutes this appeal.

On his trial the specific time and place fixed by the commonwealth’s witnesses as the time and place of the commission of the offense was the 16th of December, 1926, at the home of Anee Eversole. The evidence was conflicting as to whether appellant was present at the time and place fixed by two of the commonwealth’s witnesses; there being at least two witnesses who testified…