Commonwealth v. Burk's Springs Distilling Co.

Opinion of the Court by

Wm. Rogers Clay, Commissioner

— Reversing.

Appellee, Burk’s Springs Distilling Company, was indicted by the grand jury of Marion county for violating section 2558a, Ky. St. (Russell’s St. sec. 3646), wbicb is a part of the local option law. The trial court sustained a demurrer to, and dismissed, the indictment. To review the propriety of this action, the commonwealth appeals.

*226No point is made as to the sufficiency of the allegations contained in the indictment. It is insisted, however, that the act of 1908, which is section 2558a, is invalid for various reasons. That act…