Kelly v. Commonwealth

Opinion op the Court by

Chiep Justice Clay

Reversing.

Helen Kelly has prayed an appeal from a judgment convicting her of a violation of the Prohibition Law and fixing her punishment at a fine of $100 and 30 days in jail.

Helen Kelly was arrested, tried, and convicted in the Harlan county court under a warrant charging her with the offense of selling, transporting, or of having in her possession for the purpose of sale, malt and intoxicating liquors. She appealed to the circuit court and entered a motion to require the commonwealth to elect which offense it would prosecute. The motion was…