American Tobacco Co. v. Commonwealth

• Decision Date: 03 February 1909
• Citation: 115 S.W. 755
• Parties: AMERICAN TOBACCO CO. v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

115 S.W. 755

AMERICAN TOBACCO CO. v. COMMONWEALTH.

Court of Appeals of Kentucky.

February 3, 1909

Appeal from Circuit Court, Shelby County.

"Not to be officially reported."

The American Tobacco Company was convicted of violating the anti-trust act, and it appeals. Reversed and remanded.

W. S. Pryor, C. H. Gibson, and Willis & Todd, for appellant.

Jas. Breathitt, Atty. Gen., and Tom B. McGregor, Asst. Atty. Gen., for the Commonwealth.

NUNN, J.

On February 12, 1907, the grand jury of Shelby county presented to the court an indictment charging appellant with the violation of section 3915, Ky. St. 1909, which is known as the "Anti-Trust and Pooling Act." A trial was had, which resulted in a judgment against appellant for $500.

The indictment was drawn under the language of the statute as originally enacted. This court has determined in several cases that the act of 1906, which allows combining and pooling for certain purposes, had the effect to modify the act of 1890 (section 3915) in several particulars; and, as the indictment in this case was not drawn under the statutes as modified, the conviction cannot be sustained. See the cases of Owen County Burley Tobacco Society v. Brumback, 107 S.W. 710, 32 Ky. Law Rep. 916, an opinion by Judge Carroll in chambers, Commonwealth v. International Harvester Co. (the opinion in which was delivered the 30th day of January, 1909), 115 S.W. 703, and Commonwealth v. International Harvester Co. of America (the opinion in which is this day delivered) supra.

For these reasons, the judgment of the lower court is reversed, and case remanded for further proceedings consistent herewith.