Legal Opinion

Commonwealth v. Adair

Court of Appeals of Kentucky

Decided January 5, 1905PublishedCited by 10 opinions

Case 86. — PROSECUTION AGAINST AL. ADAIR FOR A VIOLATION OF THE LOCAL 'OPTION LAW. Appeal from Graves Circuit Court. R. J. Bugg Circuit Judge.

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Case 86. — PROSECUTION AGAINST AL. ADAIR FOR A VIOLATION OF THE LOCAL 'OPTION LAW. Appeal from Graves Circuit Court. R. J. Bugg Circuit Judge. Defendant convicted and appeals. 1. The record shows that it- is agreed in this case that the order for the beer was made over the telephone within the city limits, and the beer house was situated outside of t'he city limits; and that it was delivered by the wagon of the defendant to the witness on the inside of the limit® of the city; and that the witness paid for the beer on the outside of the city limits at the suggestion of the driver because he…

1Opinion of the Court

Opinion by

Judge O’rear

Reversing.

The local option law is in force in the city of May-field, in Graves county. Appellee conducted a-wholesale beer warehouse just outside the corporate limits of the city. The prosecuting witness ordered of appellee, Adair, by telephone, a keg of beer, to be delivered in the city. Appellee’s delivery wagon and driver brought the beer to the witness, and delivered it to him in the city. The driver, who was authorized to collect the price of the beer, refused to accept it in the city, but asked the witness to accompany him across the line of the city limits, where…

2Cases cited2 opinions

  1. Hagins v. CombsCourt of Appeals of Kentucky · 1897
  2. Clay City National Bank v. ConleeCourt of Appeals of Kentucky · 1899

3Cited by10 opinions

  1. Commonwealth v. BottomCourt of Appeals of Kentucky · 1910
  2. Carpenter v. StateTennessee Supreme Court · 1908
  3. Davidson v. CommonwealthCourt of Appeals of Kentucky · 1922
  4. Merritt v. CommonwealthCourt of Appeals of Kentucky · 1906
  5. Gowin v. LakeCourt of Appeals of Kentucky (pre-1976) · 1932

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