Penner v. Commonwealth
Court of Appeals of Kentucky
Case 59 — Indictment foe Violation of Local Option Law APPEAL FROM BUTLER CIRCUIT COURT. Defendant Convicted and Appeals. Appellant was a farmer living near Morgantown. On Saturday he attended a barbecue near Morgantown, and there saw a man, who, he was informed was selling whisky; the man was .a stranger and said to be from Grayson county.
Read the full summary
Case 59 — Indictment foe Violation of Local Option Law APPEAL FROM BUTLER CIRCUIT COURT. Defendant Convicted and Appeals. Appellant was a farmer living near Morgantown. On Saturday he attended a barbecue near Morgantown, and there saw a man, who, he was informed was selling whisky; the man was .a stranger and said to be from Grayson county. Appellant was told that this man on .the two following days would sell whisky at a rock under the bluff near the river in the suburbs of Morgantown. On Sunday morning, before breakfast, John Tanner asked appellant if he knew where he could get any whisky.…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Affirming.
Appellant was convicted and fined $100 for selling whisky in violation of the local option law in Butler county. He complainsi upon this appeal that the trial court erred to his prejudice in the third instruction given to the jury, which is as follows: “If the jury believe from the evidence that the defendant, in procuring said liquor for said Day and Forsythe, or either of them, if he did so procure it, acted solely as their agent or his agent in buying it, with the money furnished by them or him, from the owner or custodian of said liquor, and…
2Cited by1 opinion
- State v. ItoSupreme Court of Minnesota · 1911