32:T514,{"@context":"https://schema.org","@type":"Legislation","name":"Johnson v. Commonwealth, 1927 Ky. LEXIS 172","datePublished":"1927-02-25","legislationDate":"1927-02-25","citation":"Johnson v. Commonwealth, 1927 Ky. LEXIS 172 (Ky. Ct. App. 1927)","countryOfOrigin":"USA","jurisdiction":"Court of Appeals of Kentucky (pre-1976)","description":"Read the full text of Johnson v. Commonwealth (Johnson v. Commonwealth, 1927 Ky. LEXIS 172 (Ky. Ct. App. 1927)). This legal opinion, filed in 1927-02-25, from the Court of Appeals of Kentucky (pre-1976) discusses important legal matters. Access this case and related legal documents on Midpage, an AI-powered legal research platform.","mainEntityOfPage":{"@type":"WebPage","@id":"https://app.midpage.ai/document/johnson-v-commonwealth--3446340"},"author":{"@type":"Organization","name":"Midpage"},"publisher":{"@type":"Organization","name":"Midpage"},"url":"https://app.midpage.ai/document/johnson-v-commonwealth--3446340","isPartOf":{"@type":"WebSite","name":"Midpage","url":"https://app.midpage.ai"},"inLanguage":"en","keywords":"legal, opinion, document, research, midpage, Johnson v. Commonwealth, Court of Appeals of Kentucky (pre-1976), Johnson v. Commonwealth, 1927 Ky. LEXIS 172 (Ky. Ct. App. 1927)","isAccessibleForFree":true,"isFamilyFriendly":true}34:T47a,

Opinion of the Court by

Judge Dietzman

Reversing.

The appellant was convicted of the offense of unlawfully manufacturing intoxicating liquor and has. appealed.

Conceding without deciding the competency of the •evidence discovered by the search warrant issued herein, we are unable to distinguish this case oh its facts from the cases of Bartley v. Commonwealth, 215 Ky. 850, 287 S. W. 22, and Johnson v. Commonwealth, 210 Ky. 398, 276 S. W. 125, wherein we held that proof of the possession of the means for making liquor would not alone support a conviction for the unlawful manufacture of intoxicating liquor. The attorney general, with his usual •candor and fairness, concedes the point. It results that the appellant’s motion for a peremptory instruction •should have been sustained.

The judgment, therefore, is reversed, with instructions to grant the appellant a new trial in conformity with this opinion.