Hamilton v. Commonwealth

Opinion of the Court by

Chief Justice Clay

Reversing.

This is- the second appeal of this case. On his first trial appellant was convicted under a warrant charging him with unlawfully selling, keeping for sale, having in his possession, transporting and giving away spirituous liquors. On the first appeal it was held that, as appellant’s demurrer to the indictment was overruled, the court should have required the commonwealth to elect which charge it would prosecute, and the cause was remanded for proceedings consistent with the opinion. Hamilton v. Commonwealth, 204 Ky. 633, 265 S. W. 44.

On the…