Binion v. Commonwealth

Opinion of the-C-ourt by

Judge Moorman

Reversing.

This is an appeal from a judgment of conviction against William Binion and Leonard Binion, who were charged in the Carter circuit court with the offense of unlawfully operating a moonshine still. They were jointly indicted with Lewis Dean, who was also convicted, each of the defendants being given a jail sentence of thirty *218days and adjudged to pay a fine of $300.00. Dean has not appealed but appellants are asking a reversal of the judgment as to them on several grounds elaborately argued in their brief s.

In view of the conclusion that we have…