123 Ky. 556 | Ky. Ct. App. | 1906
Opinion by
Affirming.
The appellants were indicted in the Boyle circuit court charged with retailing liquor contrary to the prohibition statute prevailing in that county. A trial resulted in their being found guilty by the jury, and from the judgment of the court based upon the verdict they are here on appeal.
The facts show that the general prohibition statute is in force in Boyle county; that Jerry Crowley is the agent of the George "Wiedemann Brewing Company, a corporation of Newport,. Ky.; that the agent applied to the mayor of Danville for a- license to carry on the business of a wholesale liquor dealer in that city, which was refused,' whereupon he rented
The real question in this case is whether or not this transaction constituted a sale of liquor in Boyle county, or whether, as contended by defendant, the sale was in Newport, where the prohibition statute does not .prevail. It may be conceded that the rule is general that where the goods are ordered from a distant point by an order which must be accepted at the home of the vendor, and the goods are shipped from there to the purchaser, the sale is considered as having taken place at the home office, and when the goods are delivered to the common carrier for transmission it is the agent of the purchaser. And when the transaction is free from fraud, evasion, or sub
This case does not fall within the principle of James v. Commonwealth, 102 Ky. 108, 19 Ky. L. R. 1045, 42 S. W. 1107, relied on by the defendants. No
We conclude, upon a survey of the whole record, that the defendants had a fair and impartial .trial, and the judgment is therefore affirmed.