James v. Commonwealth
Court of Appeals of Kentucky
Case 17 — INDICTMENT Appeal fbom eockcastle circuit coubt. 1. The demurrer to the indictment should have been sustained; it ■alleged a sale of liquor “by the jugs full,” when the local option act, under which the indictment was framed expressly permits . the salé of not less than twenty gallons, and the jugs may have contained that much. 2. Under the facts in this case the sale was in Lincoln county and not Rockcastle county.
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Case 17 — INDICTMENT Appeal fbom eockcastle circuit coubt. 1. The demurrer to the indictment should have been sustained; it ■alleged a sale of liquor “by the jugs full,” when the local option act, under which the indictment was framed expressly permits . the salé of not less than twenty gallons, and the jugs may have contained that much. 2. Under the facts in this case the sale was in Lincoln county and not Rockcastle county. Black’s Intoxicating Liquors, sees. 267-268; Benjamin on Sales, secs, 181, 327;; Commonwealth v. Russell; 11 Ky. Law Rep., 576; Buckman v. Commonwealth, 11 Ky. Law Rep.,…
1Opinion of the Court
JUDGE HAZELRIGG
delivebed the opinion of the court.
*109Upon an indictment charging him with violating a special act of the Legislature prohibiting the sale of liquors in the county of Rockcastle and other counties, appellant was tried and convicted upon the following state of fact, agreed to and by consent submitted to the trial judge:
“1st. That the defendant, J. W. James, is and was, on the 10th day of January, 1897, a licensed distiller, doing business in the town of Crab Orchard, and the county of Lincoln, in Kentucky, and as such duly authorized to sell in said county spirituous liquors in…
2Cases cited1 opinion
- Crawford v. SmithCourt of Appeals of Kentucky · 1838
3Cited by11 opinions
- Crigler v. CommonwealthCourt of Appeals of Kentucky · 1905
- State v. RosenbergerSupreme Court of Missouri · 1908
- Parker v. CommonwealthCourt of Appeals of Kentucky · 1912
- George Weidemann Brewing Co. v. Com'thCourt of Appeals of Kentucky · 1906
- Whitmire v. CommonwealthCourt of Appeals of Kentucky · 1910
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