Legal Opinion

Commonwealth v. Cope

Court of Appeals of Kentucky

Decided October 26, 1899PublishedCited by 5 opinions

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

  1. Commonwealth v. SheltonCourt of Appeals of Kentucky · 1896
  2. Commonwealth v. GreenCourt of Appeals of Kentucky · 1895
  3. Griffin v. CommonwealthCourt of Appeals of Kentucky · 1885

3Cited by5 opinions

  1. State v. O'BrienMontana Supreme Court · 1907
  2. Locke v. CommonwealthCourt of Appeals of Kentucky · 1902
  3. Johnson v. StateCourt of Criminal Appeals of Texas · 1917
  4. Griffin v. CommonwealthCourt of Appeals of Kentucky · 1885
  5. State v. BollenbachSupreme Court of Minnesota · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API