Sullivan v. Commonwealth

Opinion of the Court by

Commissioner Sandidge

Affirming.

Appellant, Charlie Sullivan, has been found guilty of manufacturing whisky, and, this being the second offense, in accord with the verdict of the jury, has been adjudged to serve two years in the penitentiary at hard labor. Hence the appeal.

Appellant’s contention, under authority of Rector v. Commonwealth, 80 Ky. 468, that the verdict in this case is not sufficient, because there is no express finding of the fact of former conviction, cannot be sustained. Green v. Commonwealth, 213 Ky. 323, 280 S. W. 1094, cites and comments upon the…