Asher v. Commonwealth

MOREMEN, Judge.

Appellant, John Asher, was found guilty of the offense of possessing alcoholic beverages for the purpose of sale in dry local option territory. His punishment was a fine of $100 and 60 days in jail.

Appellant’s place of business is at Ferndale in dry (since 1954) Bell County. However, under the provisions of Chapter 243 of the Kentucky Revised Statutes, he is permitted to operate as a wholesaler in dry territory. Meeks Motor Freight, Inc. v. Falls City Brewing Co., Inc., 268 Ky. 213, 104 S.W.2d 421. He holds Kentucky Malt Beverage Distributor’s License No. M D 792.

The pertinent…