Book v. Commonwealth
Court of Appeals of Kentucky
Case 98 — INDICTMENT FOR LIQUOR-SELLING — APPEAL PROM WEBSTER CIRCUIT COURT. The appellant was tried for an offense -committed against the special law applicable to Webster county, and he was entitled •to an instruction to the jury limiting the penalty to that denounced hy that act. Acts 18-95-6, vol. 1, pp. 1361, 2, 3. The local option law did not become applicable to Webster county until after a vote had been taken by the voters of the county.
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Case 98 — INDICTMENT FOR LIQUOR-SELLING — APPEAL PROM WEBSTER CIRCUIT COURT. The appellant was tried for an offense -committed against the special law applicable to Webster county, and he was entitled •to an instruction to the jury limiting the penalty to that denounced hy that act. Acts 18-95-6, vol. 1, pp. 1361, 2, 3. The local option law did not become applicable to Webster county until after a vote had been taken by the voters of the county. Brown v. -Com., 98 Ky., 655.' To the -same point, cited: Brown v. Com., 98 Ky., 656; Acts 1885-6, p. 1360, vol. 1; Ac-ts 1894, p. 123. The local…
1Opinion of the CourtChief Justice Hazelrigg
delivered thí; opinion oe the court.
The appellant, in December, 1897, was indicted for selling spirituous, vinous and malt liquors in Webster county in violation of a special act of the Legislature prohibiting such a .sale after a vote of the people as provided in-the act. The penalty under this special act was a fine of from $50 to $250, but the trial court’s instructions author*606ized the infliction of a fine of not less than $100 nor more than $200, and appellant was fined $100.
As the sale in question occurred after the passage of the general local option law of 1894, which prescribes a fine…
2Cases cited2 opinions
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1897
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by4 opinions
- Burton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
- Shepherd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940
- Riley v. CommonwealthCourt of Appeals of Kentucky · 1917
- Ingram v. CommonwealthCourt of Appeals of Kentucky · 1917