Commonwealth v. Shelton
Court of Appeals of Kentucky
Case 21 —INDICTMENT APPEAL FROM LINCOLN CIRCUIT COURT. 1. The principles announced in Norman, Auditor, v. World’s Fair commissioners, 14 Ky. Law Rep., 529, have no application in this case. 1. The indictment in this case is defective, because, (а) It does not allege that 25 per cent, of the legal voters of each precinct of Stanford magisterial district signed the petition asking for the election.
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Case 21 —INDICTMENT APPEAL FROM LINCOLN CIRCUIT COURT. 1. The principles announced in Norman, Auditor, v. World’s Fair commissioners, 14 Ky. Law Rep., 529, have no application in this case. 1. The indictment in this case is defective, because, (а) It does not allege that 25 per cent, of the legal voters of each precinct of Stanford magisterial district signed the petition asking for the election. (б) It does not show that 25 per cent, of the legal voters of the magisterial district petitioned for the holding of the election. (c) It shows that the election was held earlier than sixty days…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
The indictment charges that the accused, on the 15th day of May, 1895, unlawfully sold spirituous, vinous and malt liquors in Stanford magisterial district. The indictment is under the “Local Option Law.” The election to determine whether or not liquors should be sold in the Stanford magisterial district was held under the local option act of 1892.
•It is contended the act is invalid because the Journals of the House and Senate relating to the passage of the act show a certain state of facts with reference thereto. The *122Journals are not admissible…
2Cases cited4 opinions
- Mooar v. Covington City National BankCourt of Appeals of Kentucky · 1882
- Wood v. CommonwealthCourt of Appeals of Kentucky · 1875
- Young v. CommonwealthCourt of Appeals of Kentucky · 1878
- Handley v. Cunningham's trusteeCourt of Appeals of Kentucky · 1876
3Cited by13 opinions
- State Ex Rel. Dunbar v. State Board of EqualizationWashington Supreme Court · 1926
- D & W AUTO SUPPLY v. Department of RevenueKentucky Supreme Court · 1980
- State Board of Charities & Corrections v. HaysCourt of Appeals of Kentucky · 1920
- Irwin v. IrwinCourt of Appeals of Kentucky · 1899
- McAuliffe v. HelmCourt of Appeals of Kentucky · 1914
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