SHERLEY v. COMMONWEALTH


322 S.W.2d 124 (1959)

John Raymond SHERLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 13, 1959.


Attorney(s) appearing for the Case

John W. Coomes, New Castle, for appellant.

Jo M. Ferguson, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


WADDILL, Commissioner.

John Raymond Sherley was convicted of a third violation of the local option laws and his punishment was fixed at confinement in prison for a period of two years. KRS 242.990. He appeals, asking reversal of the judgment on the grounds that the court erred: (1) In overruling the demurrer to the indictment; and, (2) in overruling his motion for a directed verdict of acquittal.

Appellant urges that counts three and four of the indictment...

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