Sherley v. Commonwealth

WADDILL, Commissioner.

John Raymond Sherley was convicted of a third violation of the local option laws and his punishment was fixed at confinement in prison for a period of two years. KRS 242.990. He appeals, asking reversal of the judgment on the grounds that the court erred: (1) In overruling the demurrer to the indictment; and, (2) in overruling his motion for a directed verdict of acquittal.

Appellant urges that counts three and four of the indictment, which charged the commission of a felony, were defective in failing to aver that the crimes alleged in these counts were committed…