Baker v. Commonwealth

Opinion of the Court by

Commissioner Hobson—

Reversing.

After the decision of this court in G-abbard v.- Commonwealth, 193 Ky. 460, the indictment then before the court was dismissed, and the case was re-referred to the grand jury and a new' indictment was found.

A trial was had under the new indictment of G-rover G-abbard. At the conclusion of the evidence the court peremptorily instructed the jury to find him not guilty. The Commonwealth appealed; in this court it was held that the case- should have been submitted to the jury, and the law was so certified to the circuit court. Commonwealth v.…