Commonwealth v. Reffitt

*301Opinion op the Court by

Judge Lassing

'Affirming.

On the 25th of September, 1909, James Beffitt pooled his tobacco, consisting of some five and a half acres, with the Nicholas County Board of Control. Afterward, he hauled this same tobacco to Mt. Sterling and sold it. At the April term following, he was indicted by the grand jury of Montgomery county, under section 3941a, of the Kentucky Statutes, upon a charge of selling pooled tobacco. At the September term of court, he was tried and found, not guilty. The Commonwealth, conceiving that his acquittal was due to errors committed by the trial…