Legal Opinion

Hyser v. Commonwealth

Court of Appeals of Kentucky

Decided October 9, 1903PublishedCited by 34 opinions

Case 38 — Prosecution against Fzra Hyser for Violation of the Local Option Law. APPEAL FROM HART CIRCUIT COURT. From so Much of xi-ie Judgment as Requires the Defendant to Give Bond for His Good Behavior He Appeals. 1. We contend that the amendment to the local' option law of this State approved March 11, 1902, is in violation of section El of the Constitution, as it relates to more than one subject— one inhibiting the illegal .sale of spirituous liquors, another requiring…

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Case 38 — Prosecution against Fzra Hyser for Violation of the Local Option Law. APPEAL FROM HART CIRCUIT COURT. From so Much of xi-ie Judgment as Requires the Defendant to Give Bond for His Good Behavior He Appeals. 1. We contend that the amendment to the local' option law of this State approved March 11, 1902, is in violation of section El of the Constitution, as it relates to more than one subject— one inhibiting the illegal .sale of spirituous liquors, another requiring .persons to give bond for their good behavior, and a third providing that one charged with a criminal offense may be…

1Opinion of the Court

Opinion op the court by

JUDGE SETTLE

Reversing.

The appellant, Ezra Elyser, was convicted in the lower court under each of four indictments for selling spirituous liquors in violation of the local option law, his punishment in three of the cases being a fine of $60 each, and in the fourth a fine of $100. The fines, together with the costs of the prosecutions, were immediately paid by him. It appears from the record that the four .convictions- of appellant occurred at the same term of court, and the last two of them on the same day, and that these convictions were had under the provisions of an…

2Cases cited11 opinions

  1. Chiles v. DrakeCourt of Appeals of Kentucky · 1859
  2. Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
  3. Commonwealth v. GodshawCourt of Appeals of Kentucky · 1891
  4. Louisville & Oldham Turnpike Road Co. v. BallardCourt of Appeals of Kentucky · 1859
  5. Conley v. CommonwealthCourt of Appeals of Kentucky · 1895

6 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Eastern Ky. Coal Lands Corp. v. CommonwealthCourt of Appeals of Kentucky · 1907
  2. Coleman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
  3. Carman v. Hickman CountyCourt of Appeals of Kentucky · 1919
  4. Thompson v. CommonwealthCourt of Appeals of Kentucky · 1914
  5. Turner v. CommonwealthCourt of Appeals of Kentucky · 1921

29 more not listed; retrieve them via the Exa API.

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