Watts v. Commonwealth
Court of Appeals of Kentucky
Case 67—INDICTMENT APPEAL FROM MADISON CIRCUIT COURT. :i. Appellant’s license was obtained before the vote was 'had, and, therefore, cannot be affected by any vote under the “option act.” (Miller v. Rucker, I Bush, 137.) :2. The act cannot operate retrospectively. (Cooley’s Con. Lim., 37°-) The license gave no protection after a majority had decided against selling liquors. (Anderson, &c., v. Commonwealth.)
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The appellant obtained from the county court of Madison county, on the fourth of November, 1878, a merchant’s-license to retail liquors at his store, in the town of Rich-m'ond. On the next day, being the day of a general election for members of Congress, the voters in the town voted, under an order of the county court, made pursuant to the act of Assembly known as the local option law, upon the proposition whether or not spirituous, vinous, or malt liquors should be sold in said town. A majority of the votes cast were against such sale. The…
2Cases cited1 opinion
- Cumberland & Ohio R. R. v. Judge of the Washington County CourtCourt of Appeals of Kentucky · 1874
3Cited by7 opinions
- Holliday v. Fields, GovernorCourt of Appeals of Kentucky (pre-1976) · 1925
- Hall v. Smith-McKenney Co.Court of Appeals of Kentucky · 1915
- Shanks, Auditor v. Howes, Chief ClerkCourt of Appeals of Kentucky (pre-1976) · 1926
- May v. CommonwealthCourt of Appeals of Kentucky · 1914
- Shehan v. Louisville & N. R. R.Court of Appeals of Kentucky · 1907
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