Jones v. Commonwealth
Court of Appeals of Kentucky
Case 61 — INDICTMENT FOR SELLING LIQUOR APPEAL FROM HART CIRCUIT COURT. 1. ..The demurrer to the indictment should have been sustained. (1) Because of duplicity. Crim. Code, secs. 126, 127, 165, 168. (2) Because not direct and certain. Crim. Code, sec. 124. 2. Incompetent evidence, viz.: Certificate of the county court, was. admitted. 3. Competent evidence was rejected. (1) As to whether the act was ratified and -approved or not..
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Case 61 — INDICTMENT FOR SELLING LIQUOR APPEAL FROM HART CIRCUIT COURT. 1. ..The demurrer to the indictment should have been sustained. (1) Because of duplicity. Crim. Code, secs. 126, 127, 165, 168. (2) Because not direct and certain. Crim. Code, sec. 124. 2. Incompetent evidence, viz.: Certificate of the county court, was. admitted. 3. Competent evidence was rejected. (1) As to whether the act was ratified and -approved or not.. Acts 1885-86, vol. 1, pp. 1061-2; Young v. Com., 14 Bush, 161; Neighbors v. Com., 10 Ky. Law Rep., 594; Belknap v. City of Louisville, 93 Ky., 444; 18 Ky. Law Rep.,…
1Opinion of the Court
JUDGE PAYNTER
delivered tiie opinion of the court.
This prosecution is under an act approved March 26, 1886, to prohibit the sale of spirituous, vinous and malt liquors in Hart' county. The act was not to take effect or be in force until it was ratified and approved by a majority of the votes cast at an election to be held at the regular election on the first Tuesday in November, 1886. The election was held on the day named in the act, as shown by the certificate which was made, and the returns of the officers of the election who were required by law, to compare the polls and certify the…
2Cases cited3 opinions
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Commonwealth v. DuffCourt of Appeals of Kentucky · 1888
- Waddell v. CommonwealthCourt of Appeals of Kentucky · 1886
3Cited by8 opinions
- ABOD v. CommonwealthSupreme Court of Virginia · 1977
- In re DennyIndiana Supreme Court · 1901
- State v. MorrowSuperior Court of Delaware · 1939
- United States v. SantanaDistrict Court, S.D. New York · 2011
- Commonwealth v. Jarvis & WilliamsCourt of Appeals of Kentucky · 1905
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