Martin v. Commonwealth

*45Opinion op the Court by

Commissioner Hobson

Affirming.

Dr. J. E. Martin and Wallace Martin were indicted in the Ballard circuit court on August 26, 1921, for having in possession an illicit or moonshine still. The case was tried at the April term, 1922, and the jury failed to agree. They were tried again at the January term, 1923, and the jury again failed to agree. After that term and before the April term the indictment and accompanying papers were lost or stolen, and at the April term the court made an order so reciting, re-submitting the case to the grand jury under section 1140, Kentucky…