Spencer v. Commonwealth

Opinion op the Court by

Judge McCandless

Reversing.

Granville 'Spencer was tried for a second violation of the prohibition law and sentenced to the penitentiary for one year. On this appeal he urges that the indictment fails to state that the first offense charged was for a violation of the Rash-Gullion Act and that the proof is also insufficient in this respect. Section 2554a-4, subd. 2, of the Act approved March 22, 1922 (Ky. St. Supp. 1924), and known as the Rash-Gullion Act, reads:

“Upon a second conviction of any offense enumerated in this section the defendant or defendants, if persons,…