COMMONWEALTH v. SHELTON


248 S.W.2d 895 (1952)

COMMONWEALTH for Benefit of CITY OF RICHMOND v. SHELTON.

Court of Appeals of Kentucky.

May 9, 1952.


Attorney(s) appearing for the Case

A. E. Funk, Atty. Gen., Walter C. Herdman, Ass't Atty. Gen., James S. Chenault, Richmond, for appellant.

Herman M. Tye, Barbourville, for appellee.


CULLEN, Commissioner.

The Commonwealth appeals from an order of the Madison Circuit Court granting a new trial to the defendant John D. Shelton, who had been convicted of the offense of operating an overloaded truck, which is a misdemeanor. The contention is that the circuit court abused its discretion in granting the new trial.

The prosecution in the circuit court was on appeal from a judgment of conviction in the police court of the City of Richmond. Upon...

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