Commonwealth v. Brown Forman Distillers Corp.

Opinion op the Court by

Chiep Justice Sims

Reversing.

The appellee, Brown Forman Distillers Corporation, was indicted by the grand jury of the Woodford Circuit Court for the offense of depositing substances in public waters injurious to aquatic life, as denounced in KRS 150.460. The punishment for this offense is fixed in KRS 150.990(4) (a), at a fine of not less than $100 nor more than $1000, or imprisonment for not more than six months, or both such fine and imprisonment.

Appellee was indicted as a Kentucky corporation when in fact it was incorporated und.er the laws of Delaware. Upon the…