Adams Express Co. v. Commonwealth
Court of Appeals of Kentucky
CASE 23. — PROSECUTION BY THE COMMONWEALTH AGAINST THE ADAMS EXPRESS COMPANY FOR A VIOLATION OF THE PROHIBITION LAW Appeal frora Knox Circuit Court. H. C. Faulkner, Circuit Judge. Defendant convicted and appeals. STATEMENT OF POINTS AND AUTHORITIES. I. The appellant did not know that the liquor had not been ordered. The shipments were therefore legitimate transactions of interstate commerce so far as it was concerned. (Ellington v. State, 86 S. W. Rep'., 330 — Tex.
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CASE 23. — PROSECUTION BY THE COMMONWEALTH AGAINST THE ADAMS EXPRESS COMPANY FOR A VIOLATION OF THE PROHIBITION LAW Appeal frora Knox Circuit Court. H. C. Faulkner, Circuit Judge. Defendant convicted and appeals. STATEMENT OF POINTS AND AUTHORITIES. I. The appellant did not know that the liquor had not been ordered. The shipments were therefore legitimate transactions of interstate commerce so far as it was concerned. (Ellington v. State, 86 S. W. Rep'., 330 — Tex. Crim.) 2. Being interstate shipments they were not subject to the law of Kentucky, and, as applied to them, section 2557b,…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Affirming.
The appellant was indicted by the grand jury of Knox county, Ky., for a violation of the prohibition law prevailing therein. The indictment contains much surplusage with reference to what is called the “C. O. D. Statute,” and as to the manner in which the Adams Express Company received th'e whisky said to have been sold by it in contravention of law. Stripped of all unnecessary verbiage, the indictment contains a statement sufficient to charge the defendant company with a sale of liquor by retail, in violation of the prohibition statute applicable…
2Cases cited3 opinions
- Commonwealth v. ZeltSupreme Court of Pennsylvania · 1891
- Cox, Hill & Thompson v. Columbus & Western Railway Co.Supreme Court of Alabama · 1890
- McNichol v. Pacific Express Co.Missouri Court of Appeals · 1882
3Cited by8 opinions
- United States v. WeissDistrict Court, N.D. Illinois · 1923
- Turner v. HammockCourt of Appeals of Kentucky (pre-1976) · 1929
- Danciger v. WellsU.S. Circuit Court for the District of Western Missouri · 1907
- United States v. DrawdyDistrict Court, S.D. Florida · 1923
- Louisville & N. R. R. v. CommonwealthCourt of Appeals of Kentucky · 1907
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