Brown v. Commonwealth
Court of Appeals of Kentucky
Case 104 — INDICTMENT— APPEAL FROM BELL CIRCUIT COURT. The act of 1884 in so far as it applied to the cities of Middlesborough and Pineville was repealed by the charter of cities of the fourth class. (Ky.
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Case 104 — INDICTMENT— APPEAL FROM BELL CIRCUIT COURT. The act of 1884 in so far as it applied to the cities of Middlesborough and Pineville was repealed by the charter of cities of the fourth class. (Ky. Stats., sec. 3490, sub.-sec. 27.) Section 61 of -the constitution was not intended to limit the legislature to the enactment of a local option law, and to deprive it of the power to enact any other laws touching the liquor traffic. 1. Consistency requires that the power to license conferred on city councils be limited to those cities alone in which such sale had not been previously…
1Opinion of the Court
JUDGE PAYNTER
DELIVERED THE OPINION op the court.
The accused was indicted in the Bell Circuit Court charged with the offense of unlawfully selling liquors in quantities less than twenty gallons, in violation of an act of the General Assembly, approved February 9,1884, and of an amendatory act thereto, which became a law in 1888, which prohibited the sale of liquors in the counties of Bell, Harlan, Perry and Leslie in quantities less-than twenty gallons. He was convicted and fined one hundred dollars.
The city of Pineville is situated in Bell county, and was incorporated by virtue of an act of…
2Cited by5 opinions
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- Fuson v. Howard, SheriffCourt of Appeals of Kentucky (pre-1976) · 1947
- Commonwealth ex rel. Barth v. McCannCourt of Appeals of Kentucky · 1906
- Commonwealth v. Hardin County CourtCourt of Appeals of Kentucky · 1896
- Board of Council v. RaumCourt of Appeals of Kentucky · 1910