Acree v. Commonwealth
Court of Appeals of Kentucky
Case 25 — INDICTMENT APPEAL EEOM OWEN CRIMINAL COURT. First. The court below ought to have quashed the indictment,, because it did not charge a public offense in such language as would enable a person of common understanding to prepare a defense; it did not state acts constituting a public offense. (Taylor v. Commonwealth, 1 Duvall, 161; Mork v. Commonwealth, 6 Bush, 397; Commonwealth v. White, 18 B. Mon. 492; Commonwealth v. Perrigo, 3 Met. 5.) Second.
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Case 25 — INDICTMENT APPEAL EEOM OWEN CRIMINAL COURT. First. The court below ought to have quashed the indictment,, because it did not charge a public offense in such language as would enable a person of common understanding to prepare a defense; it did not state acts constituting a public offense. (Taylor v. Commonwealth, 1 Duvall, 161; Mork v. Commonwealth, 6 Bush, 397; Commonwealth v. White, 18 B. Mon. 492; Commonwealth v. Perrigo, 3 Met. 5.) Second. Instruction No. 1 was erroneous. There can be no partnership in crime, and therefore one partner can not be made liable for the unlawful…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the court.
The appellants were indicted in the Owen Criminal Court, and charged as having, as merchants, and without a license so to do, sold Elijah O’Banion one quart of whisky at Lusby’s Mills, in Owen County.
' The evidence conduced to prove that appellants were merchants, and also partners in the distillation of whisky, and that their store-house was at Lusby’s Mills. The evidence also conduced to prove that appellants had their whisky stored in a small house standing in appellant Acree’s yard, and on the opposite side of the street from their…
2Cited by9 opinions
- People v. McNultyCalifornia Supreme Court · 1892
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Commonwealth v. DuffCourt of Appeals of Kentucky · 1888
- Waddell v. CommonwealthCourt of Appeals of Kentucky · 1886
- In Re FaltinArizona Supreme Court · 1927
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