Elkins v. Commonwealth

Opinion op the Court by

Chiep Justice Dietzman

—Reversing.

The appellant, John Elkins, was indicted and convicted of the offense of giving away intoxicating liquors for purposes other than medicinal, sacramental, scientific, or mechanical. See section 2554a-l, Kentucky Statutes. He was fined $100 and sentenced to serve 30 days in jail. He appeals.

There were but two witnesses, Jerry Banks for the commonwealth and the defendant for himself. Their testimony, as set out in narrative form in the bill of exceptions, reads:

“My name is Jerry Banks. I know John Elkins. I saw him one night about 9 o…