Duff v. Commonwealth

DAVIS, Commissioner.

George Duff prosecutes this appeal by motion, KRS 21.140(2), from a judgment on a verdict finding him guilty as a second offender under the local-option law (KRS Chapter 242). His punishment was fixed at a fine of $200 and by imprisonment in the county jail for ninety days.

Appellant presents seven assorted grounds of error, some of which are sub*266divided. Without prior enumeration of them, the assertions of error will be discussed after a resume of the facts.

On October 1, 1969, one Scott Collins made an affidavit before Clay County Judge Charles H. White in which it was…