Commonwealth v. Barbour
Court of Appeals of Kentucky
Case 58. — PROSECUTION AGAINST BEN WALKER BARBOUR FOR SELLING LIQUOR WITHOUT A LICENSE. Appeal from Oldham Circuit Court. R. P. Peak, Circuit Judge.
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Case 58. — PROSECUTION AGAINST BEN WALKER BARBOUR FOR SELLING LIQUOR WITHOUT A LICENSE. Appeal from Oldham Circuit Court. R. P. Peak, Circuit Judge. Prom a judgment dismissing the indictment the Commonwealth appeals. 1. The contention of the representatives of the Commonwealth is, that the Legislature has provided two agencies or methods by which the liquor traffic- may be restricted, one providing a penalty for selling liquors, without first procuring a license, and th'e other a penalty for selling in violation of the local option law. 2. As held in Hoke v. Yocum, the local option law is…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
Appellee, Barbour, was indicted for the offense of selling spirituous, vinous, and malt liquors without license in Oldham county, under sec. 1304, Ky. Stats., 1903, which provides for a fine for the offense of not less than $20 nor more than $100. The Commonwealth introduced evidence on the trial tending to show that the defendant was guilty. He thereupon showed by the clerk that an election had been held under the local option law, resulting against the.sale, and that the certificate had been entered on the order book of the county court. By that act…
2Cases cited3 opinions
- Cornelison v. CommonwealthCourt of Appeals of Kentucky · 1886
- Crigler v. CommonwealthCourt of Appeals of Kentucky · 1905
- Commonwealth v. RoweCourt of Appeals of Kentucky · 1902
3Cited by5 opinions
- Stein v. Kentucky State Tax CommissionCourt of Appeals of Kentucky (pre-1976) · 1936
- Ulman v. StateCourt of Appeals of Maryland · 1921
- Craig v. RenakerCourt of Appeals of Kentucky · 1923
- Alder v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
- State v. BryantNew Mexico Supreme Court · 1949