Harp v. Commonwealth
Court of Appeals of Kentucky
CASE 45. — PROSECUTION BY THE COMMONWEALTH AGAINST W. H. HARP FOR SELLING WHISKEY IN VIOLATION OF THE LOCAL OPTION LAW — Appeal from Whitley Circuit Court. From the judgment rendered, defendant appeals.—
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Affirming.
Appellant was fined in the court below $100 under a petition filed against him by the Commonwealth of Kentucky, charging him with selling spirituous liquors in Whitley county, in violation of the local prohibitory law, and a capias pro fine was awarded *410on the judgment. It is insisted for him that the case cannot he prosecuted by a penal action, and that a capias pro fine cannot be awarded upon the judgment in such an action. Section 11 of the Criminal Code of Practice is as follows: “'A public offense of which the only punishment is a fine, may be…
2Cases cited5 opinions
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Commonwealth v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1882
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1897
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1898
- Long v. WoodCourt of Appeals of Kentucky · 1880
3Cited by5 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- American Express Co. v. CommonwealthCourt of Appeals of Kentucky · 1916
- Louisville & N. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1902
- Hilton v. CommonwealthCourt of Appeals of Kentucky · 1907
- Commonwealth v. SpillerCourt of Appeals of Kentucky · 1915