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YORK v. COMMONWEALTH

235 S.W.2d 1007 (1951)

YORK v. COMMONWEALTH.

Court of Appeals of Kentucky.

January 19, 1951.

Attorney(s) appearing for the Case

Bertram & Bertram, Monticello, Flowers & Pritchard, Albany, for appellant.

A. E. Funk, Atty. Gen., H. D. Reed, Jr., Asst. Atty. Gen., for appellee.

CAMMACK, Chief Justice.

Alvin York has filed a motion for an appeal from a judgment finding him and Bob Booher and Otto Lee guilty of illegally possessing liquor and sentencing each of them to a fine of $100 and 30 days in jail. For reasons hereinafter stated we think York's motion for an appeal should be and it is sustained.

The evidence for both York and the Commonwealth shows conclusively that York was collaborating with a deputy sheriff when he took Booher...

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