Wynn v. Commonwealth

Opinion of the Court by

Judge Olay

Reversing.

On the evidence of two witnesses, who stated that they went to appellant’s home and saw there several fruit jars containing whiskey, appellant was convicted of having intoxicating liquors in his possession for the purpose of sale.

Complaint is made of the following instruction:

“The possession by a person of intoxicating liquors, when it is proven that he was in possession of it, is prima facie evidence of guilt for having it in possession for the purpose of sale, and the burden is upon the person having it in-possession to prove that he did not have…