129 Ky. 440 | Ky. Ct. App. | 1908
— Affirm-
ing.
The appellees were indicted for a violation of that part of section 2557 of the Kentucky Statutes of 1903 providing that: “Any person who knowingly furnishes or rents a house, room, wagon, or any conveyance or thing in which spirituous, vinous or malt liquors are sold, bartered or loaned, in violation of this act, shall upon conviction thereof be fined not less than sixty nor more than one hundred dollars; and the house, wagon, vehicle, land or other thing in which the liquors were sold, bartered or loaned shall be liable for all fines adjudged against the person selling, bartering or loaning the same.” The charge in the body of the indictment was that they “unlawfully and knowingly furnished and rented to E. T. Willis a certain drug store on Washington street, in the town of Glasgow, in which spirituous liquors were sold during the month of November, 1907, and at said time and place and in said house said Willis sold spirituous liquors by retail to T. B. Gib, and said Mrs. Morris and Lewis Morris rented and furnished said house to said Willis during said month with the knowledge that he would so sell liquor in violation of law at. said time and place. ’ ’ Upon the conclusion of the evidence for the Commonwealth, the court directed the jury to return a verdict of not guilty.
The evidence shows that in July, 1906, the appellees rented to E. T. Willis a storeroom to be used as a drug store for a term of two years, with the privilege on the part of Willis of renewing the lease for an additional term of two years. There is no evidence whatever that the lessors knew before or at the time the
Judgment affirmed.