Shirley v. Commonwealth

; Opinion ok the Court by.

Chief Justice Miíájee

Affirming.

*725The appellant, W. S. Shirley, was found guilty under an indictment which charged him with selling liquor in violation of the local option law in force in Monroe county, and his punishment fixed at a fine of $100.00, and imprisonment in the county jail for a period of forty davs, the cost and imprisonment to he satisfied at hard labor. Shirley appeals.

The circuit court, by an instruction otherwise correct, improperly told the jury that in case they found the defendant guilty they should fix his punishment at a fine in any sum not less…