Commonwealth v. Malone

Opinion op the Court by

Judge Settle

Affirming.

*442The appellee, Thomas Malone, was indicted by the grand jury of Mason county for unlawfully and knowingly selling and disposing of a crop of pooled burley tobacco, without the consent of the authorized agent selected to sell same, in violation of sub-section 3 of section 3941a, Kentucky Statutes.

A demurrer filed by appellee to the indictment was overruled by the circuit court to which he excepted. He thereupon filed in that court a writing containing, first, a plea of not guilty; second, a plea of former conviction based upon the alleged facts that…