Sullivan v. Commonwealth (Second Case)

Opinion op the Court by

Yan Sant, Commissioner

Reversing.

Appellant has appealed from a conviction under an indictment charging him with the unlawful sale of intoxicating liquor in local option territory. This case was tried immediately after appellant’s conviction under an indictment charging him with unlawfully having intoxicating liquor in his possession for purposes of sale in local option territory. The opinion on the appeal of that case, rendered today, is reported in 304 Ky. 780, 202 S. W. 2d 619. The Commonwealth relied on the same evidence for conviction in both cases.

The Court…