October 25, 2012

Commonwealth v. Traylor, Lincoln, 1898

Previously:


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COMMONWEALTH v. TRAYLOR.

COURT OF APPEALS OF KENTUCKY

45 S.W. 356; 1898 Ky. LEXIS 278; 20 Ky. L. Rptr. 97

April 13, 1898, Decided

PRIOR HISTORY:  [**1] 

Appeal from circuit court, Lincoln county.

Indictment charging John Traylor of unlawfully selling spirituous liquors. General demurrer sustained. The commonwealth appealed.

DISPOSITION: Reversed.

COUNSEL: W. S. Taylor, for the Commonwealth. W. G. Welch, for appellee.

JUDGES: LEWIS, C. J.

OPINION BY: LEWIS

OPINION

 [*356]  LEWIS, C. J. This is an appeal from a judgment sustaining a general demurrer to the following indictment: "The grand jury of the county of Lincoln, in the name and by the authority of the commonwealth aforesaid, accuse John Traylor of the offense of unlawfully selling at retail spirituous, vinous, and malt liquors, without having a license therefor, committed in manner and form as follows: The said John Traylor, in the county and state aforesaid, on the 1st day of September, 1897, and before the finding of this indictment, did unlawfully sell at retail spirituous, vinous, and malt liquors to Joe Leavell, without having obtained a license therefor, against the peace and dignity of the commonwealth of Kentucky. J. S. Owsley, Jr., Commonwealth's Attorney 13th District of Kentucky." The record shows the indictment was found and returned into court November 10, 1897. We do not perceive, nor has there been suggested in behalf of appellee,  [**2] any grounds for the demurrer. Wherefore the judgment is reversed, with directions to overrule the demurrer and for further proceedings consistent with this opinion.


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