Kinney v. Commonwealth

*203Opinion op the Court by

Judge McCandless

—

Reversing.

Ernest Kinney appeals from a judgment of the Pike circuit court inflicting a fine of $100.00 and a sentence of thirty days’ imprisonment upon him, on the charge of op: erating a moonshine still. He was employed by one Mose Damron, who was engaged in the illicit manufacture of intoxicating liquor.

Damron has testified, admitting that he did this and also stating that Kinney was in his employ and assisted him in so doing. That the offense occurred in the spring and he was tried in the federal court thereon.

Creed Bentley, a United States…