195 Ky. 704 | Ky. Ct. App. | 1922
Opinion op the Court by
Reversing.
The appellant was tried and convicted in the court below under an indictment charging a sale by him of whiskey to one Wm. Francis. The penalty imposed by the verdict of the jury and the judgment of the court was a fine of $300.00 ánd sixty days’ imprisonment in jail. He was refused a new trial and by this appeal seeks a reversal of the judgment upon two grounds: Error of the trial court (1) in excluding competent evidence; (2) in admitting incompetent evidence.
It was the exclusion by the court on his cross-examination of certain questions asked Francis respecting the above agreement with the Commonwealth’s attorney and the answers it was avowed he would make to them, of which appellant complains; but we do not think the latter was prejudiced in any of his substantial rights by this ruling of the court, as on redirect examination of the witness he fully stated the agreement and his compliance with its terms.
We are of the opinion, however, that the court did err to the appellant’s prejudice in admitting much of the testimony of the Commonwealth’s attorney given, as claimed by him, in explanation of his reasons for making the agreement with Francis referred to, the competency of any part of which was doubtful. In making the explanation he did not stop with a mere statement as to the nature and terms of the agreement, but proceeded to tell of his investigations through the sheriff and otherwise to ascertain the person or persons of whom Francis and others had obtained whiskey and the difficulties encoun
For the reasons indicated the judgment is reversed and cause remanded for a new trial, consistent with the opinion.