Neal v. Commonwealth

Opinion of the Court by

Judge Thomas

Reversing.

In May, 1926, the grand jury of Boyd county indicted appellant and defendant below, Marie Neal, accusing her of unlawfully possessing intoxicating liquor in violation of our statute known as the Rash-Gullion Act (Laws 1922, e. 33). An attempt was made in the indictment to allege a previous conviction of a violation of the same act so as to bring it within the last paragraph of section 2554a-2 of the 1922 edition of Carroll’s Kentucky Statutes, which paragraph provides for a felony punishment for a second violation of certain designated sections of…