Commonwealth v. Helback
Court of Appeals of Kentucky
Case 25 —INDICTMENT 1. The indictment was drawn under section 1304, of the Kentucky Statutes, and the court erred in refusing to give the instruction that if the sale was made by the defendant to be drunk on the premises, and it was so drunk on the premises, then the license was no protection to him.' Commonwealth v. Bartholomew, 33 S. W. Rept., 84. 2. But the license relied upon by the defendant was issued at a special term of the county court, and was therefore,…
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Case 25 —INDICTMENT 1. The indictment was drawn under section 1304, of the Kentucky Statutes, and the court erred in refusing to give the instruction that if the sale was made by the defendant to be drunk on the premises, and it was so drunk on the premises, then the license was no protection to him.' Commonwealth v. Bartholomew, 33 S. W. Rept., 84. 2. But the license relied upon by the defendant was issued at a special term of the county court, and was therefore, unauthorized. Ky. Stat., sec. 1058; Trimble v. Commonwealth, 78 Ky., 176; Heilman v. Commonwealth, 84 Ky., 157; Cook v.…
1Opinion of the Court
JUDGE WHITE
delivered the opinion oe the court.
The appellee, N. Helback, was, at the July term, 1896, of the Hancock Circuit Court, indicted by the grand jury. The indictment accuses him of the offense of unlawfully selling vinous liquors without a license so to do. The indictment charges as follows: “That the defendant did on - day of-, 1896, and within twelve months last past in said county of Hancock, unlawfully sell vinous liquors, without a license to do so, by selling wine to Wm. Overby, to be drunk on the premises of the defendent, which wine was so drunk on defendant’s premises with…
2Cited by8 opinions
- Gibson v. CommonwealthCourt of Appeals of Kentucky · 1924
- Commonwealth v. PetriCourt of Appeals of Kentucky · 1906
- Gaddie v. CommonwealthCourt of Appeals of Kentucky · 1904
- Commonwealth v. MackeyCourt of Appeals of Kentucky · 1916
- Patton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
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