Commonwealth v. Cope
Court of Appeals of Kentucky
Case 33 — INDICTMENT FOR SELLING LIQUOR — APPEAL 3PKOM. GRAVES CIRCUIT COURT. On the sufficiency of the indictment: Ky. Stats., oh. 81; Act ■of May 26, 1874,- ’87 ed. Gen. Stat., p. 470; Bouvier’s Law Diot.; 19 Am. & Eng. Ency. of Law, 83; Newman’s PI. & Pr., p. 278-9; Hodge v. Com., Mans. opin. of May 23, 1882; Crim. Code, sec. 122. On the sufficiency -of the indictment: .Shelton v. Com., 35 S. W., 128; Green v. Same, 32 S. W. R., 169; Pippin v. Same, 40 S. W. R., 252.
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
Appellee was indicted for selling spirituous liquors in violation of tbe general local option law (Kentucky Statutes, sections 2554-2568). He demurred to tbe indictment. The demurrer was overruled and the case submitted to a jury, who found Mm guilty, and fixed bis fine at $100. The *174appellee entered a motion in arrest of judgment, which was overruled. He then entered a motion for a new trial, which the court sustained, and set aside the order overruling the demurrer to the indictment, sustained the demurrer, and dismissed the prosecution. The…
2Cases cited3 opinions
- Commonwealth v. SheltonCourt of Appeals of Kentucky · 1896
- Commonwealth v. GreenCourt of Appeals of Kentucky · 1895
- Griffin v. CommonwealthCourt of Appeals of Kentucky · 1885
3Cited by5 opinions
- State v. O'BrienMontana Supreme Court · 1907
- Locke v. CommonwealthCourt of Appeals of Kentucky · 1902
- Johnson v. StateCourt of Criminal Appeals of Texas · 1917
- Griffin v. CommonwealthCourt of Appeals of Kentucky · 1885
- State v. BollenbachSupreme Court of Minnesota · 1906