Commonwealth v. Lay

Opinion op the Court by

W. T. Drury, Commissioner

—Affirming.

On May 28, 1923, Hon. J. O. Bird, Commonwealth’s attorney, filed in the Whitley circuit court an information charging Lewis Lay and Herman Pack with unlawfully transporting intoxicating liquor, on or about May 26,1923. On the 6th day of February, 1924, the appellee, Lewis Lay, demurred to said information, which demurrer was very promptly and properly sustained by the judge of the Whitley circuit court, to which ruling of the court the Commonwealth excepted and prayed an appeal.

It is provided in section 12 of the Kentucky Constitution…