Legal Opinion

Stickrod v. Commonwealth

Court of Appeals of Kentucky

Decided November 10, 1887PublishedCited by 12 opinions

Case 44 — INDICTMENT APPEAL FROM FLEMING CIRCUIT COURT. 1. It being lawful to manufacture and sell whisky, a subsequent act for- ■ bidding the sale is unconstitutional as to the sale of any whisky then made and on hand.

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Case 44 — INDICTMENT APPEAL FROM FLEMING CIRCUIT COURT. 1. It being lawful to manufacture and sell whisky, a subsequent act for- ■ bidding the sale is unconstitutional as to the sale of any whisky then made and on hand. (Constitution of Ky., art. 13, sees. 3 and 20; Constitution of U. S., secs. 9 and 10; Walker v. Whitehead,' 16 Wall., 314; Gilpke v. Dubuke, 1 Wall., 175; Havemeyer v. Iowa, 3 Wall., 327; Mitchell v. Bailington, 4 Wall., 275; Olscott v. The Supervisors, 16 Wall., 678; Lapsloy v. Brashear, 4 Litt., 36.) 2. The act under which the penalty is attempted to be enforced is…

1Opinion of the Court

JUDGE LEWIS

delivered the opinion of the court.

Under “an act to prohibit the sale of spirituous, vinous and malt liquors in the county of Fleming,” approved April 19, 1886, appellant was indicted and convicted for selling spirituous liquor in quantity less than ten gallons. He was at the time of his alleged *287offense a distiller, and the first. question to be considered is, whether the act had the effect to repeal as to that county section 3, article 2, chapter 106, General Statutes, which is as follows :

“Distillers of ardent spirits have the privilege of selling at their residence any spirits…

2Cases cited4 opinions

  1. Commonwealth v. WellerCourt of Appeals of Kentucky · 1878
  2. Morgan v. BoothCourt of Appeals of Kentucky · 1877
  3. Sarrls v. CommonwealthCourt of Appeals of Kentucky · 1885
  4. Burke v. BurkeCourt of Appeals of Kentucky · 1885

3Cited by12 opinions

  1. State v. BeckerSouth Dakota Supreme Court · 1892
  2. Jamieson v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1891
  3. State ex rel. McClory v. DonovanNorth Dakota Supreme Court · 1901
  4. Ex Parte BeckCalifornia Supreme Court · 1912
  5. State v. MitchellSouth Dakota Supreme Court · 1892

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