Combs v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

Appellant was indicted in the Letcher circuit court on August 28, 1925, charged with the offense of unlaw fully having in his possession intoxicating liquors. The case was called for trial at a subsequent term of the court on January 19, 1926, and appellant not being present, a jury was impaneled and instructed by the court to find the defendant guilty. • The jury returned a verdict finding him guilty and fixed his punishment at a fine of $300.00 and imprisonment for 60 days.

Shortly thereafter appellant appeared and learning that a default judgment…