Roberts v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

Beve Roberts, Ace Gilbert, Lige Smallwood, and Roscoe Henson were indicted jointly for unlawfully having in their possession spirituous, vinous, malt or other intoxicating liquors in local option territory. Roberts was tried and convicted, and his punishment fixed at a fine of $100 and imprisonment in the county jail for a period of 30 days. He has prayed an appeal and seeks a reversal of the judgment chiefly on the ground that the evidence was insufficient to take the case to the jury, and that his motion for a peremptory instruction should have…