Case one of two
Court of Appeals of Kentucky.
GRIFFIN v. COMMONWEALTH
March 22, 1901.
ACTION: Reversed.


Appeal from circuit court, Knox county.
Not to be officially reported.
Grant Griffin was convicted under each of two indictments for the offense of selling liquor, and he appeals in each case.

PAYNTER, C. J.
We are of the opinion that the trial court erred in not granting the appellant a continuance. On another trial the court should give an instruction on reasonable doubt in the usual form. The judgment in each case is reversed for proceedings consistent with this opinion.

Case two of two
Court of Appeals of Kentucky.
GRIFFIN v. COMMONWEALTH.
Feb. 21, 1902.
ACTION: Affirmed.


Appeal from circuit court, Knox county.
Not to be officially reported.
Grant Griffin was convicted of the offense of selling liquor in violation of the local option law, and he appeals.

HOBSON, J.
Appellant was indicted in the Knox circuit court for a violation of the local option law prohibiting a sale of spirituous, vinous, and malt liquors, on the charge of selling to Thomas McFarland a pint of whisky. The proof by the commonwealth fully made out the charge. The proof by the defendant was that he did not sell any whisky to McFarland. But the credibility of the witnesses was for the jury, and we cannot reverse the judgment on the facts. The record does not show that the defendant pleaded not guilty, or that he was arraigned or waived arraignment, or that his plea was stated to the jury, or that the indictment was read to them. It is insisted for appellant that the judgment should be reversed for these reasons. No arraignment is necessary, except in felony cases. In the ground for new trial, appellant did not rely on any of the matters referred to. The instructions of the court and the verdict of the jury show that the defendant was tried on a plea of not guilty. At the conclusion of the commonwealth's evidence the defendant moved the court to instruct the jury to find him not guilty. This motion was overruled. It cannot be doubted, therefore, that the nature of his plea was understood by him, the court, and the jury, and that the failure to enter it upon the record was a mere omission of the clerk.

Judgment affirmed.



     

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