Commonwealth v. Collins

Opinion of the Court by

Sims, Commissioner

— Dismissing Appeal.

An indictment returned by the Letcher Circuit Court jointly charged Millard Collins, Alonzo Sizemore and Hillard Bates, with robbing by force and arms Cullen Anderson and Walter McCall of seventeen gallons and three quarts of moonshine liquor. A joint trial was had as to' appellees, Collins and Sizemore, and the record does not show what disposition was made of the indictment relative to Bates. At the conclusion of all the evidence the trial judge peremptorily instructed the jury to find appellees not guilty.

The Commonweálth has…