Short v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

Appellant was indicted in the Greenup circuit court on the 3d of June, 1925, charged with the violation of section 3748, Kentucky Statutes. The indictment charges that on the 2d day of June, 19-25, B. B. -Short being the duly appointed and -qualified constable of magisterial district No. 7 of Greenup county, and having been informed as such constable by Harvey Stewart that a moonshine still was located at or near the- residence of B. B. Short, in Greenup county, Ky., he failed to seize or capture such still or to take any steps to effect the seizure…