165 S.W.2d 172 | Ky. Ct. App. | 1942
Reversing.
Buel Stroud was charged with trafficking in alcoholic beverages in Calloway County, which is local option territory, in violation of the Alcoholic Beverage Act of 1938. Acts 1938, Chapter 2. He was found guilty under that charge, in both the quarterly court and the circuit court, and his punishment fixed at a fine of $200 and six months in jail. He has moved this Court for an appeal from the judgment of the circuit court.
One of the grounds urged for a reversal is that a prosecution for a violation of the Alcoholic Beverage Control Act can not be had in local option territory under the recent case of Wilson v. Goodin,
It follows, therefore, that the appeal should be and it is granted and the judgment is accordingly reversed.
Whole Court sitting.
