Riddle v. Commonwealth

Opinion op the Court by

Judge Clay

Reversing..

On his trial for a second • offense under the RashOullion Act appellant was convicted and his punishment fixed at one year ’g confinement in the penitentiary.

Prom the uncontradicted affidavits of appellant and others, including the deputy jailer, set forth in the bill of exceptions, it appears that when the jury retired to consider its verdict the deputy jailer took appellant to the McCracken county jail, where he remained until after the verdict was returned. It is unnecessary to review the cases bearing on the question. In construing section 11,…