Legal Opinion

Farris v. Commonwealth

Court of Appeals of Kentucky

Decided June 7, 1901PublishedCited by 14 opinions

Case 27 — Indictment for Selling Liquor in Violation on Local Law — APPEAL FROM KNOX CIRCUIT COURT. Defendant Convicted and Appeals.

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Case 27 — Indictment for Selling Liquor in Violation on Local Law — APPEAL FROM KNOX CIRCUIT COURT. Defendant Convicted and Appeals. This is an indictment for selling intoxicating liquors in quantities less than five gallons, in violation of an act regulating the sale of such liquors in the counties of Knox and Whitley, approved April 15, 1884. 1. The demurrer to the indictment should have been sustained because the accusatory part thereof, to-wit, “selling intoxicating, spirituous, vinous and malt liquors and a mixture thereof in quantities less than ten gallons in manner, &c.,” is not…

1Opinion of the Court

Opinion of the court by

CHIEF JUSTICE PAYNTER

Reversing.

By an act approved April 15, 1884, entitled “An act to regulate the sale of spirituous, vinous or malt liquors, or any intoxicating beverage, in the counties of Knox and Whitley” (1 Acts 1883-84, c. 789), it is made unlawful for any person to sell, directly or indirectly, any spirituous, vinous or malt liquors, or any intoxicating beverage, in the counties of Knox and Whitley, except a druggist, in a prescribed way, and a local distiller, who “may sell spirituous, vinous, or malt liquors of his own manufacture in quantities not less than…

2Cases cited2 opinions

  1. Thompson v. CommonwealthCourt of Appeals of Kentucky · 1898
  2. Galloway v. CommonwealthCourt of Appeals of Kentucky · 1883

3Cited by14 opinions

  1. State v. ChambersIdaho Supreme Court · 1904
  2. Gilbert v. CommonwealthCourt of Appeals of Kentucky · 1924
  3. Galloway v. CommonwealthCourt of Appeals of Kentucky · 1883
  4. Calhoun v. CommonwealthCourt of Appeals of Kentucky · 1964
  5. Dabney v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928

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