Stamper v. Commonwealth
Court of Appeals of Kentucky
Cast: 6 — INDICTMENT APPEAX. FROM CARTER CIRCUIT COURT, 1. Under the evidence of ¡the Commonwealth the appellant was clearly, entitled to the peremptory instruction; the State’s evidence not only failed to show that he sold the liquor, hut on the contrary showed that he did not. 2. There can he no such thing as an agent delegated to commit crime or violarte the law; and the instruction, that refers to agency ' was, therefore erroneous.
Read the full summary
Cast: 6 — INDICTMENT APPEAX. FROM CARTER CIRCUIT COURT, 1. Under the evidence of ¡the Commonwealth the appellant was clearly, entitled to the peremptory instruction; the State’s evidence not only failed to show that he sold the liquor, hut on the contrary showed that he did not. 2. There can he no such thing as an agent delegated to commit crime or violarte the law; and the instruction, that refers to agency ' was, therefore erroneous. South v. Commonwealth, 89 Ky., 494. .3. There was no evidence upon which to base any instruction as to a sale by an agent, and instructions must be giveu…
1Opinion of the Court
•CHIEF JUSTICE LEWIS
DELIVERED the opinion or the court..
■Appellant was indicted and convicted for unlawfully selling spirituous liquor contrary to “An act to regulate the selling, procuring for or giving of spirituous, vinous or malt liquors or any intoxicating drinks in the county of Carter.” Approved March 18, 1886.
!He was charged in the indictment with so selling to each Davis and Scott, and counsel argue that the demurrer ought, ■for that reason, to have been sustained. But conceding two distinct offenses were thus improperly charged in the same indictment, the defect was cured by the…
2Cited by15 opinions
- Mitchell v. CommonwealthSupreme Court of Virginia · 1925
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
- Smith v. PattonCourt of Appeals of Kentucky · 1898
- Ballou v. CommonwealthCourt of Appeals of Kentucky · 1922
10 more not listed; retrieve them via the Exa API.