Duncan v. Commonwealth

Opinion of the Count by

Judge Thomas

Affirming,

The appellant, Joe Duncan, was indicted, tried and convicted and fined $100 in the McCreary circuit court for violating the provisions of classification (1) in section 2554b-181 of Baldwin’s 1939 Supplement to Carroll ’s Kentucky Statutes by selling alcoholic beverages to Herbert Perry, a minor near eighteen years of age. He has filed the record in this court with a motion for an appeal which is now sustained. Defendant and appellant admitted the sale but defended on the ground that at the time he made it he in good faith believed that the infant…