Commonwealth v. Morris
Court of Appeals of Kentucky
CASE 43. — PROSECUTION AGAINST HENRIETTA MORRIS AND ANOTHER FOR KNOWINGLY RENTING A HOUSE FOR THE UNLAWFUL SALE OF INTOXI- ! CATING LIQUORS. — September 24. Appeal from Barren Circuit Court. Samuel E. Jones, Circuit Judge.
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CASE 43. — PROSECUTION AGAINST HENRIETTA MORRIS AND ANOTHER FOR KNOWINGLY RENTING A HOUSE FOR THE UNLAWFUL SALE OF INTOXI- ! CATING LIQUORS. — September 24. Appeal from Barren Circuit Court. Samuel E. Jones, Circuit Judge. From a judgment directing the jury to find the defendants not guilty the Commonwealth appeals.— As a general rule unless the statute expressly declares the contrary, the owner of premises upon which liquor is unlawfully kept for sale is not guilty of an offense if he leased the premises for a lawful purpose and did not affirmatively assent to such unlawful use, and he is…
1Opinion of the Court
*442Opinion op the Court by
Judge Carroll.
— Affirm-
ing.
The appellees were indicted for a violation of that part of section 2557 of the Kentucky Statutes of 1903 providing that: “Any person who knowingly furnishes or rents a house, room, wagon, or any conveyance or thing in which spirituous, vinous or malt liquors are sold, bartered or loaned, in violation of this act, shall upon conviction thereof be fined not less than sixty nor more than one hundred dollars; and the house, wagon, vehicle, land or other thing in which the liquors were sold, bartered or loaned shall be liable for all fines…
2Cases cited3 opinions
- Crocker v. StateSupreme Court of Arkansas · 1886
- Cordes v. StateSupreme Court of Kansas · 1887
- Hall v. . GermainNew York Court of Appeals · 1892
3Cited by5 opinions
- Louisville Ry. Co. v. CommonwealthCourt of Appeals of Kentucky · 1908
- Blocker v. CommonwealthCourt of Appeals of Kentucky · 1913
- Elkhorn Mining Corp. v. CommonwealthCourt of Appeals of Kentucky · 1917
- Rickman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
- Morgan v. ChamberlainCourt of Appeals of Kentucky · 1913