Starks v. Commonwealth

Opinion of the Court by

Commissioner Wheeler

Reversing.

The appellant was indicted in the Barren circuit court on the charge of manufacturing liquor, it being the second offense, and was tried on June 21, 1927, by jury and found guilty on said charge and his punishment fixed at three years’ confinement in the state penitentiary.

The appellant duly filed motion and grounds for a new trial and, the same being overruled by the court, has prosecuted his appeal to this court. The grounds on which the appellant asked for a new trial are:(1) Because the court erred in refusing to instruct the jury to…