Commonwealth v. Asbury
Court of Appeals of Kentucky
Case 40 — INDICTMENT FOR SELLING INTOXICATING LIQUOR APPEAL FROM METCALFE CIRCUIT COURT. 1. It was error to permit the defendant to prove his license by parol. The license itself was the best evidence. 2. The place of sale must he named and designated in the license and the county court is the tribunal to fix the place of sale. Ky.
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Case 40 — INDICTMENT FOR SELLING INTOXICATING LIQUOR APPEAL FROM METCALFE CIRCUIT COURT. 1. It was error to permit the defendant to prove his license by parol. The license itself was the best evidence. 2. The place of sale must he named and designated in the license and the county court is the tribunal to fix the place of sale. Ky. Stat., 4203. Apple brandy is a spirituous liquor and there is no exception in its favor in sec. 4224 of Kentucky Statutes, save when sold at the distillery. Gnadinger v. Com., 4 Ky. Law Rep., 514. Under a license to sell at one place the licensee is'not permitted…
1Opinion of the Court
JUDGE BURNAM
eelivebed the opinion of the cotjbt.
The commonwealth prosecutes this appeal from a judgment of the Metcalfe Circuit Court acquitting appellee of the offense of retailing apple brandy without a license so to do. Appellee testified, upon the trial, that he sold a quart of apply brandy at his warehouse, which is situated on his premises, about seventy-five yards from the distillery where the brandy was manufactured; that at the time he made the sale, he had a license to sell brandy at his residence, which had been granted to him by the County Court upon his application, for which he…
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