Elrod v. Commonwealth

Court of Appeals of Kentucky

Elrod v. Commonwealth

244 S.W. 55, 196 Ky. 60, 1922 Ky. LEXIS 442

CourtCourt of Appeals of Kentucky

DecidedOctober 13, 1922

StatusPublished

Cited by2 cases

This text of 244 S.W. 55 (Elrod v. Commonwealth) 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

Elrod v. Commonwealth, 244 S.W. 55, 196 Ky. 60, 1922 Ky. LEXIS 442 (Ky. Ct. App. 1922).

Pincite

Opinion

Opinion ok the Court by

Judge Clarke

— Reversing.

The indictments in these two cases, attempting to charge the defendants with violating the prohibition act of 1920, being section 2554a of the 1922 edition of Kentucky Statutes, are fatally defective because the exceptions contained in the first section of the act were not negatived, as was held in Rickman v. Commonwealth, decided May 26, 1922, construing the same averments found in these indictments.

The court, therefore, erred in overruling demurrers to the indictments, and the judgments are reversed with directions for proceedings consistent herewith.

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