McKiney v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Reversing.

Despite Ms plea of “not guilty,” appellant was on January 14, 1924, found guilty of a second violation of the prohibition law, and his punishment fixed at confine*758ment in the penitentiary for' one year. His motion for new trial was overruled and he appeals.

The offense charged in the indictment appears from the evidence to have been committed in February, 1922. The. language of the indictment follows closely the language of the act of March 29, 1918, which act had then been superseded by the act of March 23, 1920, except as to unlawful…