104 Ky. 320 | Ky. Ct. App. | 1898
eelivebed the opinion of the cotjbt.
The commonwealth prosecutes this appeal from a judgment of the Metcalfe Circuit Court acquitting appellee of the offense of retailing apple brandy without a license so to do. Appellee testified, upon the trial, that he sold a quart of apply brandy at his warehouse, which is situated on his premises, about seventy-five yards from the distillery where the brandy was manufactured; that at the time he made the sale, he had a license to sell brandy at his residence, which had been granted to him by the County Court upon his application, for which he had paid a license fee of $25; that his residence was also situated upon the same tract of land; and that he believed, in good faith, at the time he made the sale of the brandy in question, that he had the right to sell at his warehouse under his license» The Count}7 Court clerk testified that the motion of appellee in the County Court was for a brandy license to sell at his residence, and that the license was granted in conformity -with his application. At the conclusion of the testimony the attorney for the Commonwealth moved the court to instruct the jury as if no license had been granted appellee, which the court refused to do, and gave to the jury instructions which left it to them to determine whether the brandy was sold at a place other than the distillery, or place of manufacture. There was no question under