Dunnaway v. Commonwealth

Opinion op the Court by

Judge Thomas

Affirming.

The appellant, Dunnaway, upon his trial on an indictment charging him with unlawfully selling spirituous, vinous and malt liquors, was convicted in the Harlan circuit court and on this appeal from the judgment his counsel insists upon two errors which he claims are sufficient to authorize its reversal, which are (l),'that the court erred in overruling defendant’s motion to quash the process upon the indictment and the return of the sheriff thereon, and (2), incompetent evidence introduced by the Commonwealth.

Neither the process by which defendant…