Gossett v. Commonwealth

REED, Judge.

Walter (Sonny) Gossett was indicted for a third offense violation of the “local option law” (KRS 242.230 and 242.990). He has had two trials. At his first trial he was convicted and sentenced to serve two years in the penitentiary, but this judgment was reversed and a new trial ordered because of prejudicial error in the selection of the jury. See Gossett v. Commonwealth, Ky., 426 S.W.2d 485. On his second trial he was convicted again and sentenced to serve one year in the penitentiary. He has appealed again.

The principal problem posed by this second appeal is the proper…