(Download) "Hunter v. Commonwealth" by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free
eBook details
- Title: Hunter v. Commonwealth
- Author : Court Of Appeals Of Kentucky
- Release Date : January 18, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
STANLEY, Commissioner. The accusatory of the indictment merely charges the appellant, Martin Hunter, with 'the offense of unlawfully possessing intoxicating liquor in local option territory.' The description states in sufficient terms he possessed 32 half pints of whiskey for purpose of sale. It also adds the superfluous statement 'the Grand Jury state that said alcohol was possessed for the purpose of being used as a beverage and not for use either medical, mechanical, scientific or sacramental purposes.' The indictment was under KRS 242.230, a part of the local option law. The appellant has confused the charge as being under a different statute which covers the illegal possession of untaxed intoxicating liquor in territory where the local option law has not been adopted. KRS 243.840. See McWhorter v. Commonwealth, 294 Ky. 857, 172 S.W.2d 628. Notwithstanding the omission from the accusatory of the statement that the liquor was possessed for purpose of sale, when read as a whole, the indictment is good and sufficient. Rose v. Commonwealth, 294 Ky. 279, 171 S.W.2d 435. The search warrant under which officers found and seized the liquor was issued by Hon. Ervine Turner, Circuit Judge. It had been duly returned to him and then delivered to the county judge, in whose office it was lost. Proof concerning the existence of the warrant and its sufficiency was enough. Other questions need not be noticed.
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