Morris v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing.

The appellant was indicted for the second offense of unlawfully possessing intoxicating liquors, which is a felony, and, from a judgment of conviction under the indictment, he appeals.

This case will have to be reversed, as the Attorney General concedes, because the indictment to which appellant demurred is exactly the same, with the exception of names, as the one held fatally defective in Neal v. Commonwealth, 221 Ky. 239, 298 S. W. 704. However, as the appellant may be reindicted on a return of this case to the circuit court, we must also pass…