Hamilton v. Commonwealth

Court of Appeals of Kentucky

Hamilton v. Commonwealth

265 S.W. 44, 204 Ky. 633, 1924 Ky. LEXIS 548

CourtCourt of Appeals of Kentucky

DecidedOctober 3, 1924

StatusPublished

Cited by1 cases

This text of 265 S.W. 44 (Hamilton 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.

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Hamilton v. Commonwealth, 265 S.W. 44, 204 Ky. 633, 1924 Ky. LEXIS 548 (Ky. Ct. App. 1924).

Pincite

Opinion

Opinion op the Court by

Judge Clarke —

Reversing.

The warrant upon which this prosecution is based is obviously demurrable, since it charges the appellant with unlawfully selling,'bartering, keeping for sa-le, having in his possession, transporting and giving away spirituous liquors.

As the court overruled a demurrer thereto, and the Commonwealth was not required to and did not elect which charge it would prosecute, the judgment must be reversed upon the authority of Frazier v. Commonwealth, 204 Ky. 511, and many other like cases.

Wherefore, the judgment is reversed, and the cause remanded for proceedings consistent herewith.

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