Stroud v. Commonwealth

Opinion op the Court by

Judge Sims

Reversing.

On the first appeal of this case, reported in 291 Ky. 588, 165 S. W. (2d) 172, the judgment was reversed because the indictment charged appellant, Buel Stroud, with a violation of the alcoholic beverage control law of 1938, KS 2554b-150 (now KRS 243.020) in local option territory. We held that no public offense was charged and that one trafficking in liquor in local option territory must be prosecuted under the local option law of 1936, KS 2554c-l to 2554c-34 (now KRS 242.010 to 242.990) and not under the alcoholic beverage control law.

On return of…