City Bowling Green v. McMullen
Court of Appeals of Kentucky
CASE 94 — PROCEEDINGS BY THE CITY OF BOWLING GREEN AGAINST W. H. McMULLEN FOR A VIOLATION OF THE LOCAL OPTION LAW. — Appeal from Warren Circuit Court. Defendant dismissed and the city appeals. — POINTS.
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CASE 94 — PROCEEDINGS BY THE CITY OF BOWLING GREEN AGAINST W. H. McMULLEN FOR A VIOLATION OF THE LOCAL OPTION LAW. — Appeal from Warren Circuit Court. Defendant dismissed and the city appeals. — POINTS. I. The act is in conformity with the State Constitution. — Constitution, Sec. 61;' Commonwealth v. Waller, 14 Bush, 219; Anderson v. Commonwealth, 13 Bush, 488; Commonwealth v. Minor, 28 S. w; 786. 2. Sufficient to prove that the liquor sold was “malt” liquor, without showing its intoxicating qualities. Locke v.. Commonwealth, 74 S. W. 654; Pedigo v. Commonwealth, 70 S. W. 658; Commonwealth v.…
1Opinion of the Court
Opinion of the court by
Judge Barker
— Affirming.
The appellee, W. H. McMullen, was charged with a violation of the prohibition law. He was tried in the city court of Bowling Green, and a fine of $60 inflicted, from which he appealed to the Warren Circuit Court, where the appeal was tried upon an agreed statement of facts.
*744The ease was submitted to the circuit judge, Hon. J ohn M. Galloway, a jury being waived, with the result that he found the defendant had not been guilty of an offense against the prohibition law, and delivered his reason therefor in the following opinion which we adopt as the…
2Cases cited3 opinions
- Mitchell v. CommonwealthCourt of Appeals of Kentucky · 1899
- Anderson v. CommonwealthCourt of Appeals of Kentucky · 1877
- Edmonson v. CommonwealthCourt of Appeals of Kentucky · 1901
3Cited by11 opinions
- In Re SpeerIdaho Supreme Court · 1933
- State v. HemrichWashington Supreme Court · 1916
- Commonwealth v. L. &. N. R. R.Court of Appeals of Kentucky · 1910
- Gourley v. CommonwealthCourt of Appeals of Kentucky · 1910
- Louisville & N. R. v. Falls City Ice & Beverage Co.Court of Appeals of Kentucky (pre-1976) · 1933
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