Comonwealth v. Weisenburg
Court of Appeals of Kentucky
CASE 2. — PROSECUTION AGAINST JOHN WEISENBURG AND OTHERS FOR VIOLATING THE LOCAL OPTION LAW. Appeal from Breckeuridge Circuit Court. Weed S. Chele, Circuit Judge. From a judgment dismissing the prosecution the commonwealth appeals — We think this court should reverse the lower court for the following reasons: 1. There should have been a judgment of “guilty” or “not guilty.”
Read the full summary
CASE 2. — PROSECUTION AGAINST JOHN WEISENBURG AND OTHERS FOR VIOLATING THE LOCAL OPTION LAW. Appeal from Breckeuridge Circuit Court. Weed S. Chele, Circuit Judge. From a judgment dismissing the prosecution the commonwealth appeals — We think this court should reverse the lower court for the following reasons: 1. There should have been a judgment of “guilty” or “not guilty.” The appellees were either guilty or innocent, -and the subsequent action of the Court of Appeals can not and will not affect their past acts so as to make that which is not now a violation of law punishable by a fine. We…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Reversing.
In. February, 1907, tbe commonwealth, ’s attorney for tbe ninth judicial district filed information under section 1141 of the Kentucky Statutes of 1903 against appellees., charging them with a violation of the local option law, alleged to be in force in Cloverport magisterial district of Breckinridge county. The prosecutions being heard upon an agreed state of facts, judgment was rendered dismissing it upon the ground that it was prematurely instituted. The agreed facts are as follows: Previous to May, 1906, the sale of in-*11toxic'ating liquors was…
2Cases cited1 opinion
- Bank of Commonwealth v. HilesCourt of Appeals of Kentucky · 1836
3Cited by6 opinions
- Hall v. Smith-McKenney Co.Court of Appeals of Kentucky · 1915
- Townsend v. GorinCourt of Appeals of Kentucky · 1911
- May v. CommonwealthCourt of Appeals of Kentucky · 1914
- Cole v. NunnellyCourt of Appeals of Kentucky · 1910
- Edwards v. Interstate Chemical Co.Supreme Court of North Carolina · 1916
1 more not listed; retrieve them via the Exa API.