Koch v. Commonwealth
Court of Appeals of Kentucky
Case 59 — Prosecution Against Joseph Koch for Retailing Liquor Without a License. APPEAL FROM KENTON CIRCUIT COURT — R. C. SIMMONS, SPECIAL JUDGE. Defendant Convicted and Appeals.
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Case 59 — Prosecution Against Joseph Koch for Retailing Liquor Without a License. APPEAL FROM KENTON CIRCUIT COURT — R. C. SIMMONS, SPECIAL JUDGE. Defendant Convicted and Appeals. Our contention is: 1. That a county court has no right to refuse to grant a license to a retail dealer in spirituous, vinous and malt liquors who: has a license from the trustees of the town in which he resides* and is doing business as such dealer. 2. The county court clerk has no right to refuse a license to a retail dealer who has a license from the town trustees and who tenders to such clerk the amount of one…
1Opinion of the Court
Opinion op ti-ie court by
CHIEF JUSTICE HOBSON
Reversing.
Appellant was indicted by the grand jury of Kenton county in two cases for the offense of retailing liquors without license. The law and facts were submitted to- the court, *478who found the defendant guilty, and fixed his punishment at a fine of $75 in each case.
It was conceded on the trial that the defendant had sold spirituous, vinous and malt liquors by retail at the time charged in the indictment, but he offered to prove that at the time he sold the liquor he had a license from the town of Central Covington, where his saloon was…
2Cases cited6 opinions
- Phœnix Carpet Co. v. StateSupreme Court of Alabama · 1897
- Roberts v. StateSupreme Court of Florida · 1890
- State v. BachSupreme Court of Minnesota · 1886
- Schwearman v. CommonwealthCourt of Appeals of Kentucky · 1896
- State v. MyersSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cole v. NunnellyCourt of Appeals of Kentucky · 1910
- Commonwealth v. BeamCourt of Appeals of Kentucky · 1916