Allen v. Commonwealth

Opinion of the Court by

Judge Logan

Affirming.

The appellant was indicted for the offense of unlawfully having intoxicating' liquors in his possession, coupled with the further charge that he had been previously convicted for selling such liquors.

A jury heard the evidence and returned a verdict of conviction, fixing the punishment at one year in the penitentiary. Appellant has appealed, and his counsel urge upon the court two grounds for reversal. The first ground is unusual. After the jury had retired for deliberation one of the jurors stated in the presence of the whole jury that a member of…