Philpot v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

The judgment of conviction, to reverse which this appeal is prosecuted, was the second one in this case. The first one was reversed in an opinion of the same style case reported in 195 Ky. 555, and the reason for the reversal, as well as the facts as testified to by the'witnesses for both the Commonwealth and the defendant, are all fully set out in that opinion. It will, therefore, he unnecessary to restate the testimony of the witnesses as given on the last trial, since it was practically the same for both sides as it was on the first one.

The only…