GIVENS v. COMMONWEALTH


242 S.W.2d 855 (1951)

GIVENS v. COMMONWEALTH.

Court of Appeals of Kentucky.

October 12, 1951.


Attorney(s) appearing for the Case

Pat Rankin, Stanford, for appellant.

A. E. Funk, Atty. Gen., Wm. F. Simpson, Ass't Atty. Gen., for appellee.


CULLEN, Commissioner.

Everhart Givens was convicted of the crime of having alcoholic beverages in his possession in dry territory for the purpose of sale. He has filed a motion for an appeal, claiming that he was entitled to a peremptory instruction.

The evidence for the Commonwealth, reduced to the essentials, was that Givens had a reputation as a bootlegger and that a few minutes after he was seen getting out of an automobile driven by another person, a...

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