Helm v. Commonwealth

Opinion of the Court by

Chief Justice Sampson

Affirming.

Appellant Helm was tried in the Hardin circuit court at its March term, 1924, on an indictment accusing him of selling spirituous and intoxicating liquors for other than lawful purposes, the indictment further averring that appellant had been convicted for a violation of the same statute on a former occasion and his punishment fixed at a fine and sentence to the county jail. On a second conviction of a violation of any of the provisions, with certain exceptions, of the Bash-Grullion act, “the defendant shall be confined in the penitentiary…