Wooten v. Commonwealth
Court of Appeals of Kentucky
Case 77 — INDICTMENT— APPEAR FROM CALDWELL CIRCUIT COURT. The repeal of a criminal statute leaves the court without authority to inflict punishment for its violation while in force, unless such law, by its own terms, provides for the infliction of such punishment after its abrogation. And this rule of construction applies as well to the local option law as to any other criminal statute. (Commonwealth v. Cain, 14 Bush, 525; Speckert c.
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Case 77 — INDICTMENT— APPEAR FROM CALDWELL CIRCUIT COURT. The repeal of a criminal statute leaves the court without authority to inflict punishment for its violation while in force, unless such law, by its own terms, provides for the infliction of such punishment after its abrogation. And this rule of construction applies as well to the local option law as to any other criminal statute. (Commonwealth v. Cain, 14 Bush, 525; Speckert c. City of Louisville, 78 Ky., 287; Waddell v. Commonwealth, 84 Ky., 276; Commonwealth v. Duff, 87 Ky., 586.) A repealing act speaks from the date of its passage,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
June 10, 1893, two indictments were found against Thos. Wooten for selling intoxicating liquor on March 2 and March 18,1893, in violation of “An act to prohibit the sale of intox*469icating liquor in Caldwell county, and providing for a vote on same,” approved March 18, 1886.
At the trials, both of which took place June 5,1894, there was a verdict of guilty in each case, and the court, having under the statute no discretion, rendered judgment in each for a ñne of $300 and imprisonment in the county jail fifty days, making in the two cases an aggregate…
2Cases cited6 opinions
- Commonwealth v. CainCourt of Appeals of Kentucky · 1879
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Speckert v. City of LouisvilleCourt of Appeals of Kentucky · 1880
- Acree v. CommonwealthCourt of Appeals of Kentucky · 1877
- Commonwealth v. DuffCourt of Appeals of Kentucky · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commonwealth v. OverbyCourt of Appeals of Kentucky · 1899
- Graham v. ConwayMissouri Court of Appeals · 1900