Legal Opinion

Cockerell v. Commonwealth

Court of Appeals of Kentucky

Decided April 15, 1903PublishedCited by 8 opinions

Case 36 — 'Indictment and Conviction op J. L. Cookebell pob Violating Local Option Law. APPEAL PROM BULLITT CIRCUIT COURT. Dependant Convicted and Appeals. The indictment charges that the defendant, without a license, sold to P. G. Trunnell, intoxicating liquors, to-wit: whisky, brandy, ale, beer and wine, a mixture thereof, etc. We submit that the language of this indictment is not sufficient under the code, and the court erred in overruling demurrer thereto.

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Case 36 — 'Indictment and Conviction op J. L. Cookebell pob Violating Local Option Law. APPEAL PROM BULLITT CIRCUIT COURT. Dependant Convicted and Appeals. The indictment charges that the defendant, without a license, sold to P. G. Trunnell, intoxicating liquors, to-wit: whisky, brandy, ale, beer and wine, a mixture thereof, etc. We submit that the language of this indictment is not sufficient under the code, and the court erred in overruling demurrer thereto. This casé should be reversed for tine following reasons: 1. The indictment is not good because not direct and certain as to the…

1Opinion of the Court

Opinion op the court by

JUDOE SETTLE.Affirming.

Tbe appellant, J. L. Cockerell, was indicted, tried, and convicted in tbe Bullitt circuit court for selling intoxicating liquors in violation of tbe local option law, and bis punishment fixed by verdict of tbe jury at a fine of $100. He was refused a new trial by tbe lower court, and from tbe judgment of that court refusing bim a new trial be prosecutes this appeal.

It is contended for appellant that tbe indictment is defective, and that tbe lower court should have sustained the demurrer filed thereto. We are of opinion that tbe indictment is…

2Cited by8 opinions

  1. Lawson v. CommonwealthKentucky Supreme Court · 2001
  2. Earl v. CommonwealthCourt of Appeals of Kentucky · 1924
  3. Stewart v. CommonwealthCourt of Appeals of Kentucky · 1911
  4. Coleman v. CommonwealthCourt of Appeals of Kentucky · 1914
  5. Collier v. CommonwealthCourt of Appeals of Kentucky · 1914

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