106 Ky. 602 | Ky. Ct. App. | 1899
delivered the opinion oe the court.
Appellant was convicted of the offense of selling intoxicating liquors in violation of a special act applicable to Laurel and four other counties. The sole proof was of a phial of Jamaica ginger, White’s brand. It is claimed that this was a variance. It was not a variance, if Jamaica ginger was a spirituous liquor. The jury found that it was. But the objection is urged that there was no evidence
The verdict of the jury was as follows: “IFee the joury, agree and find the defendant guilty as charged in the indite and sess his find at $100 dollars. Isaa Clouse.” It is objected that this is no verdict. But we think it expresses — -though only phonetically — -the intention of the jury so that no one could be misaken in regard to it.
The remaining objections to the procedure, with one exception, have been passed upon in Thompson v. Com. 20 Ky., L. R., 397, [45 S. W., 1039; 46 S. W., 492, 698], adversely to appellant’s contention.
The final objection is that the caption of the indictment is headed “Liquor Circuit Court,” and that, as this court judicially knows there is .no such court, there was legally no indictment. Anciently, at common law, it was the custom to write the name of the county on the margin, either with or without the addition of the word1 “scilicet.” The omission of this, however, was not fatal, when the caption or the body of the indictment showed the county. Neither the caption nor the commencement is, strictly speaking, a part of the indictment, though part of the record (Bishop’s New Crim. Proc., sec. 603, eiseg.);and while, in courts of limited or inferior jurisdiction, it is necessary that the facts