October 20, 2012

Commonwealth v. Hardin, Wayne, 1876

Previously:


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Commonwealth v. M. D. Hardin.

COURT OF APPEALS OF KENTUCKY

8 Ky. Op. 724; 1876 Ky. LEXIS 222

September 5, 1876, Decided

PRIOR HISTORY:   [*1]  APPEAL FROM WAYNE CIRCUIT COURT. 

DISPOSITION: Judgment reversed and cause remanded. 

COUNSEL: George Denny, for appellant.

T. E. Moss, for appellee. 

JUDGES: Judge Cofer. 

OPINION BY: Cofer 

OPINION
Opinion by Judge Cofer:

The court erred in not permitting the witness, Tuttle, to answer whether, at any time within twelve months before the finding of the indictment, he had purchased spirituous liquors in defendant's saloon, in the defendant's presence, from his bartender.

If the defendant was present and saw his bartender sell to the witness, he is legally guilty as though he had sold the liquor himself.

Judgment reversed, and cause remanded for further proceedings.

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