Legal Opinion

Dillon v. Commonwealth

Court of Appeals of Kentucky

Decided October 9, 1959PublishedCited by 1 opinion

1Opinion of the Court

WADDILL, Commissioner.

This case is before us on motion for an appeal from a judgment convicting ' defendant of possessing and selling untaxed moonshine whiskey without a license. The punishment imposed by the jury was a fine of $100.

Reversal is sought on the ground that the court erred in failing to sustain the demurrer to the indictment. The accusatory part of the indictment charges defendant with the offense of selling whiskey without a license, while the descriptive part alleges possession of untaxed whiskey for the purpose of sale without a license. The indictment is defective for the…

2Cases cited5 opinions

  1. Elliott v. CommonwealthCourt of Appeals of Kentucky · 1922
  2. Johnson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1944
  3. McWhorter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1943
  4. Hollon v. CommonwealthCourt of Appeals of Kentucky · 1950
  5. Padgett v. CommonwealthCourt of Appeals of Kentucky · 1956

3Cited by1 opinion

  1. Kentucky Power Company v. DillonCourt of Appeals of Kentucky (pre-1976) · 1961

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