Allen v. Commonwealth

Opinion of the Court by

Judge Clay

Reversing.

Appellant was convicted of selling intoxicating liquor under an indictment which also charged a prior conviction of the prohibition act of 1922, and Ms punishment fixed at one year’s confinement in the penitentiary.

We find no material error except in instruction No. 1.

The prohibition act provides that upon a second conviction “for a violation of any of the provisions of this act, ’ ’ except certain provisions not material, the defendant shall be confined in the penitentiary for not less than one year, nor more than three years. It is at once apparent…