|Patterson v. Commonwealth|
|411 S.W.2d 940.|
|Feb. 3, 1967.|
|ACTION: Motion for appeal sustained and cause reversed with directions.|
Defendant was convicted in the Circuit Court, Knox County, B. Robert Stivers, J., of selling alcoholic beverages in dry territory, and she appealed. The Court of Appeals, Palmore, J., held that defendant was entitled to a directed verdict where there was no affirmative showing that county in which the sale allegedly occurred was dry territory.
Quillie Patterson moves for an appeal from and reversal of a judgment entered pursuant to a jury verdict finding her guilty of selling alcoholic beverages in dry territory and fixing her punishment at a $20 fine and 30 days in jail.
The evidence, though given by only one witness, was sufficient to support a finding by the jury that Mrs. Patterson sold six cans of beer for $3 to Charles Pyle, the witness. However, it was not proved that the sale was made in dry territory. Such an omission is fatal on a motion for directed verdict, which motion was made in Mrs. Patterson's behalf both at the close of the Commonwealth's case and at the close of all the evidence and was overruled.
In the instant case there was no affirmative showing of any kind that Knox County was dry territory. Appellant therefore was entitled to a directed verdict.
The motion for appeal is sustained and the cause reversed with directions for a new trial.
Patterson v. Com.
411 S.W.2d 940
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