Commonwealth v. Rigo

Opinion op the Oouet by

Chiep Justice Rees

Certifying the law.

The appellee, John Rigo, operates , a restaurant in Pineville, Bell county, Ky., and in connection with his restaurant sells soft drinks. He has paid the license fee of $5 required of each.retail dealer in soft drinks by section 4224a-l, Kentucky Statutes. On April 7, 1933, he began to retail beer containing not more than 3.2 per cent, alcohol by weight or 4 per cent, alcohol by volume as permitted by the amendment to the Volstead Act passed by Congress at its recent special session (27 USCA sec. 64a et seq.), and which legalized the…