Banks v. Commonwealth
Banks v. Commonwealth
Opinion of the Court
Opinion of the Court by
Affirming.
Appellant, who was convicted of transporting in-, toxicating liquor, insists that the evidence was not sufficient to take the case to the jury.
The evidence is as follows: Mary Jane Fields had been absent’ from home. On her return, she saw appellant and her son coming down the hill towards her house. Appellant was carrying a “chop sack” with something
It having been shown that there was no whiskey on the premises before appellant’s arrival, that he approached the house carrying a sack containing something resembling a keg, that soon after his arrival he and the Fields boy were drinking out of a jar and the Fields boy said it was whiskey, and that the officers found a substantial quantity of whiskey about the premises, it cannot be doubted that the evidence was sufficient not only to take the case to the jury, but to sustain the verdict.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.