110 Ky. 510 | Ky. Ct. App. | 1901
Opinion of the court by
Affirming.
Tbe appellant was indicted, tried, and convicted in the circuit court of Union county of the offense of selling spirituous liquors without a license. His fine was fixed at $51, and he appeals.
The facts on which the conviction was had are not disputed.' Appellant sold spirituous liquors in the town of Sturgis, Union county, having first obtained from the board of trustees of the town, so far ,ais they had authority to grant, a license to sell such liquors, and appellant paying for such license $500, and having also obtained the State license. Upon these facts the court adjudged appellant guilty, and assessed his fine as stated. The main question presented is, did the board of trustees of Sturgis have authority to grant appellant license to sell spirituous liquors? Counsel also present the question of the jurisdiction of the court. The indictment is drawn as under the general íevenue law, no reference being made to any local prohibitory law. It appears that by an aitít of ¿the General Assembly approved May 3, 1890, it being a charter of the