Thompson v. Commonwealth
Court of Appeals of Kentucky
Case 93 —INDICTMENT APPEAL EBOM ROCKCASTLE CIRCUIT COURT. 1. The special prohibitory act of April 4, 1884, is no longer in force, having been repealed by the provision of the Constitution that all special acts in conflict with its terms should -cease within six years after its -adoption. Schedule of the Constitution, see.
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Case 93 —INDICTMENT APPEAL EBOM ROCKCASTLE CIRCUIT COURT. 1. The special prohibitory act of April 4, 1884, is no longer in force, having been repealed by the provision of the Constitution that all special acts in conflict with its terms should -cease within six years after its -adoption. Schedule of the Constitution, see. Stamper v. Commonwealth, 102 Ky.; James v. 'Commonwealth, 102 Ky. 2. Appellant could only be tried on the -specific offense described in the warrant. -Criminal Code, sees. 311 and 312. I. Even . if the special act has been- repealed, the general law was violated, and the…
1Opinion of the Court
JUDGE DirRELLE
delivered the opinion of the court.
This case presents for decision the question, whether section 61 of the Constitution of 1891, or the act of March 10, 1894, embodied in chapter 81 Kentucky Statutes, adopted pursuant thereto, had effect to repeal a special or local act prohibiting sale or gift of spirituous, vinous or malt liquors, such as the act in force in Rockcastle county at date of adoption of Constitution.
Section 61 provides:
“The General Assembly shall, by- general law, provide a means whereby the sense of the people of any county, city, town, district or precinct may be…
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