Yarbrough v. Commonwealth

Opinion op the Court by

Judge Dietzman

— Reversing.

The appellant was convicted of the offense of having-liquor in his possession, and, it being claimed to be his third offense, he was given six years in the penitentiary. From this judgment he has appealed.

The facts are these: A number of peace officers of Estill comity, among whom were the sheriff and a deputy sheriff of that county, were out on a raid. On their way back to Irvine, Ky., as they came down one side of a hill, they heard some loud conversation coming from the other side of the hill. The party divided. Some of the party in charge…