Commonwealth v. Hoke & Yocum
Court of Appeals of Kentucky
Case 43 — INDICTMENT APPEAL prom spencer circuit court. 1. The only question involved in this appeal is whether the justices of the peace constituted a legal board for comparing the polls.
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Case 43 — INDICTMENT APPEAL prom spencer circuit court. 1. The only question involved in this appeal is whether the justices of the peace constituted a legal board for comparing the polls. (Sec. 1, art. 5, and sec. 4, art. 7, chap. 33, Gen. Stat.; Cox v. Kash, 1 Bush, 201; Police Commissioners, &c. v. Louisville, 3 Bush, 597.) 1. The local - option act requires the polls to be compared by the sheriff, county judge, and clerk, whether they were candidates or not at that election, and therefore the comparison of the polls by the two justices in this case, was illegal and void. (Cox, &c. v.…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellees were indicted in the Spencer Circuit Court for retailing liquors in violation of the “ Act to regulate the sale of spirituous, vinous, and malt liquors in this Commonwealth,” commonly called the “ local-option law.” The case was submitted to the court on a plea of not guilty by the defendants, and the indictment was dismissed.
At the regular August election in 1874 a vote was taken on the question whether liquors should be sold within the corporate limits of the town of Taylorsville. At that election the county judge and sheriff were…
2Cases cited3 opinions
- Acree v. CommonwealthCourt of Appeals of Kentucky · 1877
- Anderson v. CommonwealthCourt of Appeals of Kentucky · 1877
- Downing v. MajorCourt of Appeals of Kentucky · 1834
3Cited by1 opinion
- Commonwealth v. OverbyCourt of Appeals of Kentucky · 1899