Reynolds v. Commonwealth
Court of Appeals of Kentucky
Case 3 — -INDICTMENT FOR SELLING- LIQUOR — APPEAL PROM OWSLEY CIRCUIT COURT. 1. The indictments in cases Nos. 256, 255, 254, 251, 250, 249, 248, 247, and 246 are bad and the demurrer to each of them ought to have been sustained, by the trial court. 2. The instructions of the court were erroneous in each case.
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Case 3 — -INDICTMENT FOR SELLING- LIQUOR — APPEAL PROM OWSLEY CIRCUIT COURT. 1. The indictments in cases Nos. 256, 255, 254, 251, 250, 249, 248, 247, and 246 are bad and the demurrer to each of them ought to have been sustained, by the trial court. 2. The instructions of the court were erroneous in each case. The court should have instructed the jury under the general liquor law instead of under the local option statute. 3. After an election to take the sense of the voters in Cow Creek precinct N,o. 4, has been held and resulted in favor of the sale of liquor and the certificate of the…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
The appellant was found guilty under ten indictments, each of them charging him with the offense of selling spirituous, vinous and malt liquors “by the drink, pint, quart, gallon, and in other quantities less than five gallons, in violation of the provisions of an act of the General Assembly of the Commonwealth of Kentucky prohibiting the sale of intoxicating, spirituous, vinous and malt liquors, and the mixture thereof, in quantities less than twenty gallons,' in the counties of Laurel, Rockcastle, Jackson, Owsley and Clay, approved April 4,…
2Cases cited2 opinions
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1897
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by1 opinion
- Slaughter v. MattinglyCourt of Appeals of Kentucky · 1913