Gossett v. Commonwealth

SIMS, Judge.

This is an appeal by Walter Gossett, Sr., from a judgment of conviction for a third violation of the local option law which fixed his punishment at confinement in the penitentiary for one year, KRS 242.990. He argues the court erred: 1. In overruling his demurrer to the indictment; 2. in the instructions given the jury; 3. in not instructing on the whole law of the case.

The present indictment was returned on October 21, 1955, and the first count charged appellant “on the - day of September, 1955” with feloniously having in his possession for the purpose of sale in local option…