Leach v. Commonwealth

Opinion op the Couet by

Judge Dietzman.

Affirming.

The appellant was indicted and Tried under the charge of unlawfully having in his possession intoxicating liquor with a prior conviction for having transported liquor. He was found guilty, and his punishment was fixed at one year in the penitentiary. From the judgment he appeals.

As grounds for reversal, he insists that he was entitled to a peremptory instruction, and, if in error as to this, that the court failed to instruct on the whole law of the case. The undisputed facts are: Claude Tobin, a constable acting under a search warrant…