187 Ky. 21 | Ky. Ct. App. | 1920
Opinion of the Court by
Affirming.
It is first insisted that the court erred in permitting the city to prove the license ordinance by filing a certified copy of only parts thereof. The copy introduced in evidence was certified by the city clerk as a true and correct copy. The record before us shows only those parts of the ordinance-relating to liquor license. .If, as a matter of fact, the certified copy of the ordinance was not. complete, the defendant should have objected to its-" introduction on that ground, but not having done so, she cannot avail herself of the error of the trial court, if any, in permitting only a partial copy of the ordinance to be introduced in evidence.
It is next insisted that the court erred in authorizing the jury to find the defendant guilty if they believed from the evidence, to the exclusion of a reasonable doubt, that she, without license so to do, ‘ ‘ either by herself, or by or through any person connected with her, sold any beer to the witness, John "Walt.” It appears that defendant and her liusband lived at 112 Madison street, and that the defendant conducted a disorderly house at 120 Madison street, the adjoining residence. The beer was stored in an outhouse. The husband carried the key. He directed the negro to deliver the beer to 120 Madison street. There was evidence to the effect that the defendant herself sold beer to John Walt; and this evidence is uncontradicted. There was also certain evidence that the inmates of the house sold intoxicating liquors and fumed over the proceeds to the defendant. While the-use of the words, “or by or through any person connected with'her,” was not techincally correct, we are not disposed to hold that the error was prejudicial, in view of the fact that the evidence that defendant herself sold beer to the witness, Walt, was uncontradicted.
Another ground urged for reversal is, that the court erred in not giving the jury the whole law of the case, it being insisted that the jury should have been told in substance that if they believed from the evidence that the defendant acted jointly with her husband in selling the liquor, or sold the liquor in his presence, the law presumed that she acted in obedience to his com
It will thus be seen that the one person idea of the marriage relation, a;s expounded by the common law authorities, can no longer be made the touchstone of a married woman’s rights or capacities. Nagle v. Tieperman, 74 Kan. 32, 85 Pac. 941, 88 Pac. 969, 10 Ann. Cas. 977, 9 L. R. A. (N. S.) 674. Being secure in her person and
Judgment affirmed.