Hodges v. Commonwealth

Opinion of the Court by

Chief Justice Sampson — ■

Beversing.

Appellant Hodges was indicted in the Simpson circuit court for the offense of having intoxicating liquors in possession for the purpose of sale. He was twice tried and found guilty. The first judgment was set aside and new trial granted. After the jury was selected and sworn for the second trial appellant Hodges entered a general demurrer to the indictment and it was sustained by the court. The case was then re-referred to the grand jury and a new indictment returned charging the same offense. When put upon trial under the new…