Legal Opinion

Martin v. Commonwealth

Court of Appeals of Kentucky

Decided June 20, 1913Published

Appeal from Butler Circuit Court.

1Opinion of the Court

Eesponse to Petition por Eehearing by

Judge Carroll

Overruling Petition.

So much, of the opinion in this case, which is reported in 153 Ky., 784, as indicates that the state is without power to punish agents of non-resident liquor dealers who solicit orders in this state, is withdrawn. The state, under the authority of Delamater v. South Dakota, 205 U. S., 96, 51 L. Ed., 728, has power to regulate the business of soliciting proposals to purchase intoxicating liquors by agents of foreign liquor dealers, but as yet has not legislated on this subject.

The petition is overruled.

2Cases cited2 opinions

  1. Delamater v. South DakotaSupreme Court of the United States · 1907
  2. Martin v. CommonwealthCourt of Appeals of Kentucky · 1913