Pulliam v. Commonwealth

Opinion of the Court by

Chief Justice Clarke

Affirming.

Appellant was accused and convicted of possessing moonshine whiskey in violation of the first section of the Rash-Grullion Act (Ky. Statutes, 2554a-l), and a previous conviction of a like offense against the same act. 'His punishment was fixed at confinement in the penitentiary for three years, which is the maximum punishment authorized. for a second conviction by section 2 of the act (Ky. Statutes, 2554a-2).

The chief reliance for reversal is that the verdict is so excessive as to indicate passion or prejudice upon the part of the jury. It…