Dunnington v. Commonwealth

Opinion op the Court by

Judge Willis

Affirming.

Elmer Dunnington was convicted of a second violation of the Prohibition Law (section 2554al and section 2554a2, Ky. Stats., Supp. 1928) for which a penalty of imprisonment is provided, and sentenced to serve one year in the penitentiary. On this appeal he complains that the court erred in overruling a demurrer to the indictment, in the instructions given to the jury, and that the evidence of the former conviction was insufficient. It is said that the charge of a former conviction omits the essential allegation that the first conviction was for an…