New South Brewing & Ice Co. v. Commonwealth
Court of Appeals of Kentucky
Case 59 — PROSECUTIONS AGAINST THE NEW SOUTH BREWING & ICE COMPANY -AND D. T. CREEDLE FOR VIOLATING THE LOCAL OPTION LAW. — Appeal from Laurel Circuit Court. H. C. Faulkner, Circuit Judge. Appeal from Fulton Circuit Court. E. J. Bugg, Circuit Judge. Both Appeals heard together. Defendants in both cases convicted and appeal.' POINTS AND AUTHORITIES CITED.
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Case 59 — PROSECUTIONS AGAINST THE NEW SOUTH BREWING & ICE COMPANY -AND D. T. CREEDLE FOR VIOLATING THE LOCAL OPTION LAW. — Appeal from Laurel Circuit Court. H. C. Faulkner, Circuit Judge. Appeal from Fulton Circuit Court. E. J. Bugg, Circuit Judge. Both Appeals heard together. Defendants in both cases convicted and appeal.' POINTS AND AUTHORITIES CITED. I. The indictments are demurrable, for the reason, that, if the Act of April, 1884 — Acts 1883-84 Vol. 1, page 1116 — be now in force, then each indictment charges two separate offenses. (Crim. Code.. Sec. 165 and 127.) 2. The manufacturer of…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Affirmed.
Section 2558, Ky. St. 1903, ■which, is a part of the local option act of March 10,1894, among other things provided: “The provisions of this act shall not apply to any manufacturer or wholesale dealer, who, in good faith, and in the usual course of trade, sells by the wholesale, in quantities of not less than five gallons, delivered at one time, and not to be drunk on the premises.” Under this provision any manufacturer or wholesale dealer could sell intoxicants in quantities of not less than five' gallons. Thus the law stood until March 22, 1904, when…
2Cases cited1 opinion
- Bailey v. CommonwealthCourt of Appeals of Kentucky · 1876
3Cited by2 opinions
- Adams v. GreeneCourt of Appeals of Kentucky · 1918
- Commonwealth v. OldhamCourt of Appeals of Kentucky · 1907