Duvall v. Commonwealth

(Opinion op the Court by

Turner, Commissioner—

Reversing.

Appellant was convicted of the offense of selling spirituous liquors, and has appealed.

The only witness for the Commonwealth testified on his main examination that within a year before the return of the indictment, which was on June 23, 1922, he bought the whiskey from the defendant in Edmonson county; but upon cross-examination he said that at the time he gave his testimony before the grand jury at the June *610term, 1922, lie thought the sale had been made to Mm by defendant within a year, but after he left the grand jury room and after…