Caudill v. Commonwealth

Opinion op the Court by

Judge Dietzman

Affirming.

This is the second appeal of this case. The opinion on the first appeal, wherein may be found a full statement of the facts and questions involved, is reported in 234 Ky. 142, 27 S. W. (2d) 705. On the return of the case to the circuit court, the appellant was again put on trial, again found guilty, and again sentenced to serve two years in the penitentiary. He again appeals. The evidence heard on the last trial is substantially the same as that heard on the first.

All of the grounds now urged for a reversal except two were present on the former…