Commonwealth v. Bell
77 Ky. 433 | Ky. Ct. App. | 1879
delivered the opinion of the court.
The failure to allege in the indictment that the appellee knew the party to whom the liquor was sold to be an inebriate, renders it fatally defective. Under the act of March 6, 1878, “ knowingly ” is made an essential ingredient in the offense, and as it must be established by proof in order to a conviction, it follows that the allegation of knowledge on the part of the accused is essential to the validity of the indictment.
Judgment affirmed.