Blevins v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

Appellant was tried and convicted under an indictment charging him with a second violation of the Rash Gullion Act (1922 Acts, chapter. 33) and his punishment fixed at confinement in the penitentiary for one year. The indictment charges him with the unlawful sale of intoxicating liquors on September 8, 1925, and a previous conviction for the same offense at the' January term, 1924, of the Johnson circuit court. The indictment undiar' which he was convicted for the first offense was returned on February 2,1923, and the proof for the Commonwealth fails…