Bostick v. Commonwealth

Court of Appeals of Kentucky

Bostick v. Commonwealth

268 S.W. 289, 206 Ky. 633, 1925 Ky. LEXIS 1007

Court of Appeals of Kentucky·Decided January 16, 1925·Published·Cited by 1 cases

Opinion

Opinion of the Court by

Judge Dietzman

Reversing.

Under an indictment charging appellant with all the offenses denounced by section 2554a-l, Kentucky Statutes, the Commonwealth elected to try him for that of “manufacturing moonshine liquor.” The evidence fails to disclose that the offense for which appellant was tried was committed within twelve months before the finding of the indictment.

Judgment reversed with directions to grant appellant a new trial herein.

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Opinion of the Court by

Judge Dietzman

Reversing.

Under an indictment charging appellant with all the offenses denounced by section 2554a-l, Kentucky Statutes, the Commonwealth elected to try him for that of “manufacturing moonshine liquor.” The evidence fails to disclose that the offense for which appellant was tried was committed within twelve months before the finding of the indictment.

Judgment reversed with directions to grant appellant a new trial herein.

Bostick v. Commonwealth, 268 S.W. 289, 206 Ky. 633, 1925 Ky. LEXIS 1007 (Ky. Ct. App. 1925).

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Opinion

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