Nature of the Case
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Facts
Plachy (D) was charged with selling whiskey to Wolley. Wolley testified against D at trial. The law made the purchase of intoxicating spirits a felony. Wolley was an accomplice, and this was punishable under the old law. A law was passed before trial but after the crime was committed that a purchaser would no longer be an accomplice if he appeared as a witness at trial. The trial judge refused instruction to the jury that Wolley was an accomplice. D was convicted and appealed.
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