Webster v. Commonwealth

Court of Appeals of Kentucky

Webster v. Commonwealth

37 Ky. 215, 7 Dana 215, 1838 Ky. LEXIS 123

DecidedOctober 18, 1838

StatusPublished

This text of 37 Ky. 215 (Webster 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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Webster v. Commonwealth, 37 Ky. 215, 7 Dana 215, 1838 Ky. LEXIS 123 (Ky. Ct. App. 1838).

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Opinion

Chief Justice Robertson

delivered the Opinion of the Court.

The only question in this case, is whether, after verdict, an indictment is good which charges the accused with keeping a tippling house — “ not under pretence of keeping a tavern.”

“ Without having obtained license to keep a tavern,” would have been .more appropriate, and .less liable to criticism or objection. But if the- accused made no “pretence of keeping a tavern,” surely the manifest inference was, that he had no license to keep a tavern.

And we are clearly, therefore, of the opinion that, according to the sixth section of the act of 1831, the indictment in this case is good, and that a verdict of guilty upon it, authorized the judgment, as rendered, for the cumulative penalty of sixty dollars, denounced by that section, for keeping a tippling house, “without obtaining a license'’'1 to keep a tavern.

Wherefore the judgment is affirmed.

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