Hancock v. Commonwealth

STEWART, Justice.

On July 15, 1952, Dickie Hancock was indicted on a charge of unlawful possession of intoxicating liquors in dry territory for the purpose of sale, in violation of KRS 242.230(1). The indictment set forth three additional counts, each of which recites that, on a previous occasion, Hancock had been arrested and found guilty of violating the local option law. See KRS 242.990(1).

At the regular November term of the Wayne Circuit Court Hancock was tried, found guilty as a third offender, and sentenced to one year’s confinement in the state penitentiary. A reversal is urged, first,…