111 Ky. 604 | Ky. Ct. App. | 1901
Opinion of the court by
Affirming.
Appellant was convicted and fined $100 for selling whisky in violation of the local option law in Butler county. He complainsi upon this appeal that the trial court erred to his prejudice in the third instruction given to the jury, which is as follows: “If the jury believe from the evidence that the defendant, in procuring said liquor for said Day and Forsythe, or either of them, if he did so procure it, acted solely as their agent or his agent in buying it, with the money furnished by them or him, from the owner or custodian of said liquor, and defendant was not at the time the owner of or in any way interested in said liquor, they should find him not guilty. But, upon the other hand, if they believe from the evidence, beyond a reasonable doubt, that the defendant was himself, in whole or in part, the owner of said liquor, or that he, by the procurement or request of its owner, made or done by such owner or third person in his behalf, effected the sale of said liquor to said Day and Forsythe, or either of them, or that the-means by which defendant procured said liquor for said Day and Forsythe, or either of them, was a device, trick, or subterfuge resorted to by the owner to evade the local option law in selling said liquor, and defendant, with knowledge thereof, did assist in furnishing said liquor to