143 Ky. 125 | Ky. Ct. App. | 1911
Opinion op the Court by
Affirming.
Tbe appellant was convicted in tbe Logan circuit court of tbe offense of having in bis possession spirituous, vinous or malt liquors for the purpose of selling them in Logan county territory in which the local option law of the State was and is in force. The prosecution was instituted under section 2557B of the Kentucky Statutes, and the punishment of the appellant fixed at a fine of One Hundred Dollars and Fifty days imprisonment in jail at hard labor until both fine and imprisonment were satisfied.
The Commonwealth offered to introduce a copy of a record certified to by Lawson Reno, United States Revenue Collector for the Second District of Kentucky, in which Russellville is located, showing that the appellant had a United States government license authorizing him to retail spirituous, vinous or malt liquors; but, ripon objection by the accused the court excluded this certified copy.
Appellant did not testify, nor was any evidence introduced in his behalf.
We think the evidence admitted for the Commonwealth was amply sufficient to justify the jury in finding the appellant guilty. The statute makes it unlawful for any person “to sell, lend, give, procure for or furnish to another any spirituous, vinous or malt liquors, or to have in his possession spirituous, vinous or malt liquors, for the purpose of selling them, in any territory where said act is in force.” Under the plain language of this statute it is as certainly a violation of it for a person to have in his possession in local option territory the liquors mentioned for the purpose of selling them in such territory as it is to furnish them to another for such purpose. McGuire v. Com., 30 Ky. L. R., 720; Sizemore v. Com., 140 Ky., 338; Anderson v. Com., 142 Ky. 446. It is however necessary to sustain a prosecution that the Commonwealth in a case like the one before us should show first: that the person being prosecuted had in his possession liquors, and second, that he had it for the purpose of selling it in local option territory. But, it is not essential to sustain a conviction that direct evidence of either of these facts should be made by the Commonwealth. A conviction may be had upon circumstantial evidence. And while there, is no direct evidence that the cases found in the possession of appellant contained whiskey, or that if they did contain whiskey he had procured it for the purpose of selling it in local option territory, all the circumstances described by the witnesses point with unerring certainty to the conclusion that the boxes contained whiskey. In the face of these circumstances it is idle to argue that the appellant was innocent of any attempt to violate the statute. The fact
In prosecutions for a violation of this statute, the fact that the accused is in possession of a government license to retail spirituous, vinous or malt liquors is competent evidence for the Commonwealth, and prima facie evidence of guilt. Sizemore v. Commonwealth, 140 Ky. 338. And a copy of the United States government license, taken from the books of the United States Collector of Internal Revenue, when certified to by the collector, is competent evidence without further authentication. Anderson v. Com., 142 Ky., 446; 143 Ky., 87. The lower court therefore erred in sustaining the objection to the introduction of this record.
The judgment is affirmed.