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McCoy v. Commonwealth, (1927)

Court: Court of Appeals of Kentucky (pre-1976) Number:  Visitors: 3
Judges: OPINION OF THE COURT BY JUDGE DIETZMAN
Attorneys: F.M. BURKE for appellant. FRANK E. DAUGHERTY, Attorney General, and MOORMAN DITTO, Assistant Attorney General, for appellee.
Filed: Mar. 04, 1927
Latest Update: Mar. 02, 2020
Summary: Reversing. The appellant was convicted of the offense of the unlawful possession of liquor, being tried in his absence. He has appealed. It is impossible to distinguish this case in its essential facts from that of Wallen v. Commonwealth, 204 Ky. 612 , 264 S.W. 1106 , and on the authority of that case the judgment of the lower court herein is reversed, with instructions to grant the appellant a new trial herein.

Reversing.

The appellant was convicted of the offense of the unlawful possession of liquor, being tried in his absence. He has appealed.

It is impossible to distinguish this case in its essential facts from that of Wallen v. Commonwealth, 204 Ky. 612,264 S.W. 1106, and on the authority of that case the judgment of the lower court herein is reversed, with instructions to grant the appellant a new trial herein.

Source:  CourtListener

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