Board of Council v. Forman
Court of Appeals of Kentucky
Case 81 — WARRANT APPEAL PROM BOYLE CIRCUIT COURT. 1. Appellee had no right as a druggist to split a prescription for liquor and let thé party have one part at onei time and, another part at another; but he must have a separate prescription for each separate sale, Carrington v. Commonwealth, 78 Ky., 83; Commonwealth v. Day, 15 K. L. R., 456; Ky.
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Case 81 — WARRANT APPEAL PROM BOYLE CIRCUIT COURT. 1. Appellee had no right as a druggist to split a prescription for liquor and let thé party have one part at onei time and, another part at another; but he must have a separate prescription for each separate sale, Carrington v. Commonwealth, 78 Ky., 83; Commonwealth v. Day, 15 K. L. R., 456; Ky. Statutes Sec. 3490, Sub-sec. 27. 1. The ordinance fixes á penalty for the offense different from that fixed by the statute, and is therefore in violation of see. 168 of the Ky. Constitution. 2. The sale as between the appellee and the person,…
1Opinion of the Court
JUDGE HAZEDRIGG
delivered the opinion oe the court.
- Appellee Forman was charged by warrant sworn out before the police court of the city of Danville “with unlawfully selling spirituous liquors, to-wit: Whisky to one Frank Eggleston, said Forman being a druggist and said liquor not. .being sold on the prescription of a physician in said city on the-day of October, 1895, against the ordinance of said. city in such cases made and provided.”
On appeal to the circuit court from a judgment of conviction in the police court he was acquitted, and the Commonwealth has appealed. The agreed facts…
2Cited by1 opinion
- Hall v. BradleyCourt of Appeals of Kentucky (pre-1976) · 1942