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Court of Appeals of Kentucky (pre-1976), 1926

Commonwealth v. Schultz

Commonwealth v. Schultz
Court of Appeals of Kentucky (pre-1976) · Decided March 19, 1926 · Drury
281 S.W. 806; 213 Ky. 620; 1926 Ky. LEXIS 582 (South Western Reporter)

Counsel

.. FRANK E. DAUGHERTY, Attorney General, GARDNER K. BYERS, Assistant Attorney General, and ORIE S. WARE, Commonwealtli Attorney, for appellant., MYERS & HOWARD for appellee.

Commonwealth v. Schultz

Opinion of the Court

*621 Opinion of the Court by

Drury, Commissioner

Reversing.

The offense of which appellee was acquitted is similar to the one of which Jarrett was acquitted, in the case of Commonwealth v. Jarrett, this day decided. Appellee was tried on agreed facts practically identical with the facts in the Jarrett case, was acquitted, and his acquittal was' erroneous for the reasons given in the Jarrett case. The judgment is therefore reversed.

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