Commonwealth v. Johnson

Opinion dp the Court by

Judge McCandless

Affirming.

In a prosecution against Taylor Johnson on a charge of unlawfully possessing spirituous liquor, the court gave a peremptory instruction to find the defendant not guilty, and the Commonwealth prosecutes this appeal for a certification of the law.

The facts are: The deputy sheriff of Perry county had a warrant of arrest for Taylor Johnson and Demaree Bowling. In passing the residence of Sol Begley he saw defendant’s horse hitched to the fence and dismounted and started in the house. On the porch he saw a pair of unusually large saddle pockets from…