Urban v. Commonwealth

Opinion op the Court by

Judge Settle

Reversing.

The appellant was tried and convicted in the court below under an indictment charging a sale by him of whiskey to one Wm. Francis. The penalty imposed by the verdict of the jury and the judgment of the court was a fine of $300.00 ánd sixty days’ imprisonment in jail. He was refused a new trial and by this appeal seeks a reversal of the judgment upon two grounds: Error of the trial court (1) in excluding competent evidence; (2) in admitting incompetent evidence.

*705Francis, the witness upon whose testimony the indictment was found, was the only witness…