Gilbert v. Commonwealth

Opinion of the Court by

Judge Thomas

-Affirming.

The appellant, John Gilbert, was indicted, tried and convicted in the Harlan circuit court for the offense of having intoxicating liquor in his possession. He appeals and urges, through his counsel, only one ground for reversing the judgment, which is that the court failed to properly instruct tbe jury. Three witnesses were introduced by the Commonwealth, and the substance of their testimony was that they and he went together to his residence in Harlan county and that he had with him a paper sack from which he took a pint of whiskey after arriving…