Farmer v. Commonwealth

MORRIS, Commissioner.

Appellant, convicted of the offense denounced by KRS 242.230, which provides that “No person in dry territory shall sell * * * any alcoholic beverage”, moves for an appeal. In brief it is complained that the court committed four prejudicial errors. We have considered them all and find only one point meritorious. That one (D) correctly asserts that the indictment is fatally- defective ■ in failing to allege the sale was made in dry or local option territory.

*74In order to invoke any of the punitive provisions of the local option law the indictment must aver that the local…