Powers v. Commonwealth
Court of Appeals of Kentucky
Case 27 — INDICTMENT APPEAL PROM ROWAN CIRCUIT COURT. 1. The indictment, which is drawn under a special statute, is defective, because the statute is not specially pleaded. 2. The statute under which defendant was indicted is unconstitutional in so far as it attempts to deprive the citizen of the right to give away his own property. 8. The persons to whom defendant gave the liquor were his “invited guests,” and he is, therefore, not liable under the statute. 1. The parties…
Read the full summary
Case 27 — INDICTMENT APPEAL PROM ROWAN CIRCUIT COURT. 1. The indictment, which is drawn under a special statute, is defective, because the statute is not specially pleaded. 2. The statute under which defendant was indicted is unconstitutional in so far as it attempts to deprive the citizen of the right to give away his own property. 8. The persons to whom defendant gave the liquor were his “invited guests,” and he is, therefore, not liable under the statute. 1. The parties to whom the whiskey was given do not come within the exceptions of the statute, especially Day, who was a hired laborer,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The act of the Legislature af March 14, 1888, provides : “It shall be unlawful for any person or persons to sell, barter, give, loan or traffic in spirituous, vinous or malt liquors, in any quantity whatever, within the county of Rowan. * * * This act shall not apply to the procuring or use of wine for sacramental purposes, or to a regular resident practicing physician, who, in good faith, prescribes the same as a medicine to his patient or patients. Nor shall this act or its provisions apply to those who give or furnish spirituous, vinous or malt…
2Cases cited1 opinion
- Mugler v. KansasSupreme Court of the United States · 1887
3Cited by9 opinions
- People v. MurnMichigan Supreme Court · 1922
- Austin v. StateIndiana Court of Appeals · 1899
- State v. JohnsonSouth Dakota Supreme Court · 1914
- Commonwealth v. WellsCourt of Appeals of Kentucky · 1922
- Commonwealth v. KaufmanCourt of Appeals of Kentucky · 1907
4 more not listed; retrieve them via the Exa API.