Merritt v. Commonwealth
Court of Appeals of Kentucky
CASE 75. — PROSECUTION AGAINST HENRY MERRITT FOR VIOLATING LOCAL OPTION LAW — April 24. Appeal from Clark Circuit Court. Jambs M.' Benton, Circuit Judge. Defendant convicted and appeals.
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CASE 75. — PROSECUTION AGAINST HENRY MERRITT FOR VIOLATING LOCAL OPTION LAW — April 24. Appeal from Clark Circuit Court. Jambs M.' Benton, Circuit Judge. Defendant convicted and appeals. (No brief in the record.) POINTS AND AUTHORITIES. 1. The court should have given peremptory instructions to find for appellant, because there was no evidence that appellant had made any illegal sale, or any sale, of whiskey in Clark county or Magisterial District No. 5, as charged in the indictment. (Richardson v. Comonwealth, 11 Rep., 367; Kentucky Statutes, 2557, B. sub. 4; Meacham on Sales, vol. 1, sec. 1;…
1Opinion of the Court
OPINION op the Court by
Jurge Settle
— Affirming
The appellant, Henry Merritt, was indicted, tried, and convicted in the Clark circuit court for unlawfully selling by retail, spirituous liquor in magisterial district No. 5, in Clark county, a territory in which local option w'as then, in force; his punishment being-fixed at a fine of $60. ' The lower court refused him a new trial and he insists that the judgment is erroneous and asks of this court its reversal upon the grounds: First, that the court erred in instructing the jury, and in refusing to peremptorily instruct them, to find appellant…
2Cases cited1 opinion
- Commonwealth v. AdairCourt of Appeals of Kentucky · 1905
3Cited by4 opinions
- Duff v. CommonwealthCourt of Appeals of Kentucky · 1913
- Logan v. CommonwealthCourt of Appeals of Kentucky · 1916
- Celli v. CommonwealthCourt of Appeals of Kentucky · 1917
- Commonwealth v. CrassCourt of Appeals of Kentucky · 1918