190 S.W.2d 354 | Ky. Ct. App. | 1945
Reversing.
The grand jury of Pulaski county returned an indictment against C.M. Sipple charging him with the offense of "unlawfully having in his possession for the purpose of sale, spiritous, vinous, malt or other intoxicating liquor in a territory wherein the Local Option Law was at the time in full force and effect." The sheriff and several of his deputies, armed with a search warrant, searched the home of the accused and found four or five gallons of tax paid whisky in quart and pint bottles. The accused claimed that he had purchased the whisky in Danville, Kentucky, for his personal use and not for sale. Upon his trial he was convicted, and his punishment fixed at a fine of $100 and confinement in the county jail for a period of sixty days. He has filed a motion in this court for an appeal, and seeks reversal of the judgment on the ground that no proof was offered to show that the Local Option Law was in force in Pulaski county at the time the alleged offense was committed.
KRS
The present statute has been similarly construed in Howard v. Commonwealth,
There was no proof that the Local Option Law was in force in Pulaski county, and the court erred in overruling appellant's motion for a directed verdict of acquittal. The Attorney General frankly concedes that the judgment should be reversed.
The appeal is granted, and the judgment is reversed, with directions to grant appellant a new trial.