Barney v. City of Ashland

Opinion of the 'Court by

Chief Justice Clay—

Reversing.

James A. Barney, a policeman of the city of Ash-land, vas dismissed from the service by the general council of the city on the charge of ‘£ drinking spirituous or alcoholic drinks on or about the 5th day of March, 1926. ’ ’ On appeal to the circuit court, the action of the general council was sustained. From that judgment this appeal is prosecuted.

On the hearing in the circuit court the mayor, who. preferred the charges, testified that at the noon hour, on March 5th, he went to the police station and while 3 or 4 feet from Barney smelled…