Commonwealth v. Oldham
Court of Appeals of Kentucky
CASE 30. — PROSECUTION AGAINST JOHN OLDHAM AND ANOTHER FOR VIOLATING THE LOCAL OPTION LAW. Appeal from Russell Circuit Court. H. C. Baker, Circuit Judge. Prom a judgment dismissing the prosecution the commonwealth appeals. POINTS AND AUTHORITIES CITED. The judgment of the lower court gives this statute and proviso, the opposite meaning and effect intended by the Legislature.
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CASE 30. — PROSECUTION AGAINST JOHN OLDHAM AND ANOTHER FOR VIOLATING THE LOCAL OPTION LAW. Appeal from Russell Circuit Court. H. C. Baker, Circuit Judge. Prom a judgment dismissing the prosecution the commonwealth appeals. POINTS AND AUTHORITIES CITED. The judgment of the lower court gives this statute and proviso, the opposite meaning and effect intended by the Legislature. Under the proviso “at the place of sale” and, ‘'at the place of manufacture,” are identical and synonymous terms. The mere fact that the whisky was not made “at the place of sale,” shows with unerring certainty, that the…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.
John Oldham and P. J. Cooper were indicted by' the grand jury of Russell county for the offense of selling by wholesale spirituous liquors.at a point other than the place of manufacture in Russell county, where the local option act is in force. The statute is in these words: “Section 1. It shall be unlawful t,o sell by wholesale any spirituous, vinous, malt or other intoxicating liquors, regardless of the name by which it is called (except manufacturers selling liquors of their own make at -the place of manufacture). in any county, district,…
2Cases cited1 opinion
- New South Brewing & Ice Co. v. CommonwealthCourt of Appeals of Kentucky · 1906