Tackett v. Commonwealth

204 Ky. 574 | Ky. Ct. App. | 1924

Opinion op the Court by

Judge Clay —

Reversing.

Appellant was convicted under an indictment charging the violation of nearly every provision of the Prohibition Act. The court should have sustained his demurrer to the indictment, or have required the Commonwealth to elect. Neither was done, and the error compels a reversal of the judgment. Caudill v. Commonwealth, 202 Ky. 730, — S. W. —.

Judgment reversed, and cause remanded for a new trial consistent with this opinion.