Bingham v. Commonwealth
This text of 192 S.W.2d 479 (Bingham v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion of the Court by
Reversing.
Gene Bingham was convicted under an indictment charging him with the offense of selling intoxicating' liquor in local option territory, and his punishment was fixed at a fine of $100 and confinement fox thirty days in the county jail. The indictment failed to set out the name of the person to whom the accused was alleged to have sold the liquor or to state the name «of the person was unknown. Excepting names and dates,-the indictment is drawn in substantially the same language as the indictments in Johnson v. Commonwealth, 299 Ky. 72, 184 S. W. 2d 212, and Sprinkles v. Commonwealth, 301 Ky. 161, 191 S. W. 2d 218, which were held to be fatally defective.
The motion for an appeal is sustained, the appeal granted, and the judgment reversed for proceedings consistent herewith.
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Cite This Page — Counsel Stack
192 S.W.2d 479, 301 Ky. 556, 1946 Ky. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bingham-v-commonwealth-kyctapphigh-1946.