Lyons v. Commonwealth

Opinion op the Court by

Judge Logan

Reversing.

The appellant was indicted by the grand jury of Harlan county on the charge of having in his possession intoxicating liquor, being the 'second offense of violating the prohibition laws. The indictment charges that he had been previously convicted in August, 1925, of having whiskey in his possession in a magistrate’s court, and that the offense for which he was convicted in the magistrate’s court was committed after March 22, 1922, the date when the Rash-Gfullion Act became a law, and before the commission of the offense with which he was charged in…