Motley v. Commonwealth

Upon Rehearing.

April 21,1941.

This case was decided by this court on November 25, 1940, and the judgment of the trial court was affirmed. The case is now before us upon a rehearing pursuant to the provisions of section 6372 of the Code.

The relevant contention of plaintiff in error is that the court “was obviously under the impression that the petitioner had been tried and convicted * * * for the offense of ‘having lottery tickets in his possession for the purpose of sale.’ ”

This is a misconception of the language of the opinion. In that opinion the facts are fully set forth and lead to the…