Blanton v. Commonwealth

Opinion op the Court by

Chief Justice Clarke

Reversing.

This is an appeal from a judgment sentencing appellant to confinement in the penitentiary for a year and a day for a second violation of the Rash-Gullion Act .(1922 Acts, chapter 33). The indictment charges him with an unlawful possession of intoxicating liquors on November 10, 1924, and a previous conviction for an unlawful sale of intoxicating liquors at the 'October term, 1922, of the Johnson circuit court.

It is further alleged that said conviction resulted upon his trial under an indictment returned on the 12th day of July, 1922, but…