Chandler v. Commonwealth

MILLIKEN, Chief Justice.

The appellant, Elbert “Bub” Chandler, was convicted of selling whisky in local option territory in violation of KRS 242.230 (1) and his punishment fixed at a fine of $50 and thirty days in jail. The jury had returned a verdict merely fining the appellant $50, but was sent back to the jury room with instructions that a jail term of not less than thirty nor more than sixty days was mandatory under the statute if a verdict of guilty was rendered.

The jury’s mistake was caused by an error in the instructions of the trial judge who inadvertently used “or” when he should have…