Commonwealth v. Whitlow

Morris, Commissioner

Reversing.

Appellee was tried in the quarterly court on a warrant charging him with the offense of soliciting orders for the sale of alcoholic beverages in dry territory. The court sustained a demurrer to the warrant. Thereafter the grand jury of Graves County returned a bill charging that in Graves County, local option territory, Whitlow had within twelve months “while representing himself as seller, solicited Ed Duffy to purchase from the said Whitlow, whiskey in violation of KRS 242.250.”

When called for trial he presented a plea of former jeopardy, which the court…