Rice v. Gaines

Opinion op the Court by

Chief Justice Sampson

Granting writ of mandamus.

Plaintiff, Rice, was convicted in the Boone circuit court of a violation of the Rash-Guliion Act, and his punishment fixed at a fine of $150.00 and imprisonment in the county jail for thirty days. It was his first conviction for a violation of the prohibition laws. Section 18 of the prohibition act reads as follows:

“Section 18. On a first conviction for a violation of any of the provisions of this act, except for a violation of section 24, and except where the punishment is confinement in the penitentiary,' the court shall…