Barnes v. Ashcraft

DENYING PROHIBITION AND MANDAMUS

PALMORE, Chief Justice.

On September 18, 1972, the grand jury of Estill County returned separate indictments against the petitioners, Alvin Barnes and Ova Lincoln Dabney, for illegal possession of alcoholic beverages in dry territory. KRS 242.230. Each of the indictments contained a second count charging a previous conviction for a similar offense, which calls for the enhanced punishment specified in KRS 242.990(1).

Both of these prior convictions were in a magistrate’s court, and the instant proceeding in this court has generated out of a contention by Barnes…