Ramsey v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of possessing beer for the purpose of sale in local option territory.

No evidence was introduced by the Commonwealth to show that the place of the crime was in territory where prohibition was in effect. We have held on several occasions this constitutes reversible error. See Burton et al. v. Commonwealth, 274 Ky. 655, 120 S.W.2d 213, and Sipple v. Commonwealth, 300 Ky. 725, 190 S.W.2d 354.

The Commonwealth argues, however, that in view of the fact this Court has upheld a local option election in Harlan County (where appellant was convicted) in Jackson…