Wilson v. Commonwealth
Court of Appeals of Kentucky
Case 1 — INDICTMENT APPEAL FROM M'CRACKEN CIRCUIT COURT. 1. An indictment charging a merchant with the offense of selling liquors without license, without charging to whom the same was sold, is too uncertain and indefinite. (Commonwealth v. "White, 18 B. Mon. 492.) 1. The indictment is good because it charges defendant with being a merchant and selling without a license.
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Case 1 — INDICTMENT APPEAL FROM M'CRACKEN CIRCUIT COURT. 1. An indictment charging a merchant with the offense of selling liquors without license, without charging to whom the same was sold, is too uncertain and indefinite. (Commonwealth v. "White, 18 B. Mon. 492.) 1. The indictment is good because it charges defendant with being a merchant and selling without a license. (Herine v. Commonwealth, 18 Bush, 295; Hainline v. Commonwealth, 18 Bush, 850.) 1. Druggists may sell, without a license, in good faith, in quantities less than a quart for medicinal purposes. (Anderson v. Commonwealth, 9…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion op the court.
This indictment charges that E. K. "Wilson, on the 18th day of January, 1878, in McCracken County, did unlawfully, he being a merchant in Paducah, Ky., sell spirituous liquors, viz. whisky, brandy, and gin, at his store in said city, and, too, without having obtained a license to sell such spirituous liquors;” and the principal question for consideration is whether the offense charged is sufficiently described.
In the case of the Commonwealth v. White (free negro), who was indicted under a statute that made it penal for a free negro to sell…
2Cited by7 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. SchweiterSupreme Court of Kansas · 1882
- Mays & Terry v. CommonwealthCourt of Appeals of Kentucky · 1922
- Bitzer v. CommonwealthCourt of Appeals of Kentucky · 1910
- Johnson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1944
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