Commonwealth v. Bell

Court of Appeals of Kentucky

Commonwealth v. Bell

77 Ky. 433, 14 Bush 433, 1879 Ky. LEXIS 2

CourtCourt of Appeals of Kentucky

DecidedJanuary 9, 1879

StatusPublished

Cited by4 cases

This text of 77 Ky. 433 (Commonwealth v. Bell) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Bell, 77 Ky. 433, 14 Bush 433, 1879 Ky. LEXIS 2 (Ky. Ct. App. 1879).

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Opinion

JUDGE HINES

delivered the opinion of the court.

The failure to allege in the indictment that the appellee knew the party to whom the liquor was sold to be an inebriate, renders it fatally defective. Under the act of March 6, 1878, “ knowingly ” is made an essential ingredient in the offense, and as it must be established by proof in order to a conviction, it follows that the allegation of knowledge on the part of the accused is essential to the validity of the indictment.

Judgment affirmed.

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JUDGE HINES

delivered the opinion of the court.

The failure to allege in the indictment that the appellee knew the party to whom the liquor was sold to be an inebriate, renders it fatally defective. Under the act of March 6, 1878, “ knowingly ” is made an essential ingredient in the offense, and as it must be established by proof in order to a conviction, it follows that the allegation of knowledge on the part of the accused is essential to the validity of the indictment.

Judgment affirmed.

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Bluebook (online)

77 Ky. 433, 14 Bush 433, 1879 Ky. LEXIS 2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bell-kyctapp-1879.

Opinion

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