Strunk v. Commonwealth

Opinion of the Court by

Judge Sims

Reversing.

As appears from the bill of exceptions, Andy Strunk, without benefit of counsel, appeared in the Whitley Circuit Court and entered a plea of guilty to an indictment charging him with illegally selling intoxicating liquor in Whitley County where prohibition was in effect. No jury was empanelled to assess the punishment but the judge fixed it at a fine of $100 and confinement in the county jail for 60 days, the maximum provided in KRS 242.990 for the offense as denounced in KRS 242.230.

Strunk filed a motion for a new trial in which he assigned as…