Commonwealth v. Murphy
Court of Appeals of Kentucky
Case 8 — INDICTMENT APPEAL FROM MARION CIRCUIT COURT. In the absence of any qualification the legal day means from twelve o’clock midnight until twelve o’clock midnight. There are no fractions of a day ini the law.
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Case 8 — INDICTMENT APPEAL FROM MARION CIRCUIT COURT. In the absence of any qualification the legal day means from twelve o’clock midnight until twelve o’clock midnight. There are no fractions of a day ini the law. (Sec. 10 of art. 13, Election Law, Acts 1891-92-93, p. 168.) 1. Tlie statute forbidding the selling or giving of liquor on election day is unconstitutional, as under it liquor can not be used on that day for medicinal or sacramental purposes. 2. Election day ends at four p. m., and after that hour liquor may be sold without violating the election law. A calendar day was not in the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINIOIT OF THE COURT.
" "tp. W. Murphy, now appellee, was indicted for violation of section 10, article 13, of chapter on Elections, Acts of 1891-92-93 (Kentucky Statutes, sec. 1575), which is as follows: “Whoever sells, loans, gives or furnishes to. any person or persons, either directly or indirectly, spiritous, vinous or malt liquors, or any other intoxicating drink, in any precinct, town, city or county of this Commonwealth upon the clay of any general or primary election therein, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined the…
2Cited by3 opinions
- Newton v. OgdenCourt of Appeals of Kentucky · 1907
- Rose v. StateSupreme Court of Georgia · 1899
- Greene v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940