Commonwealth v. Baldwin

• Decision Date: 23 October 1906
• Parties: COMMONWEALTH v. BALDWIN.
• Court: Kentucky Court of Appeals

96 S.W. 914

COMMONWEALTH v. BALDWIN.

Court of Appeals of Kentucky.

October 23, 1906

Appeal from Circuit Court, Jessamine County.

"Not to be officially reported."

N. B Baldwin was indicted for selling picture frames without a license, and from an order sustaining a demurrer to the indictment, the commonwealth appeals. Affirmed.

N. B Hays, Atty. Gen., C. H. Morris, and Morris & South, for the Commonwealth. Jouett, Byrd & Jouett, for appellee.

HOBSON C.J.

Among the license taxes provided for by the revenue act of 1906 is the following: "On each solicitor or agent for the enlargement of pictures, or solicitors for picture frames or pictures, each county, five dollars." Acts 1906, p. 202. Any person who shall fail to procure the license shall on conviction be fined not less than $25 nor more than $100 for each offense. See Acts 1906, p. 202. Under this statute the following indictment was returned against appellee in the Jessamine circuit court: "The grand jury of Jessamine county, in the name and by the authority of the commonwealth of Kentucky, accuse N. B. Baldwin of the offense of acting as solicitor and agent for the enlargement of pictures and for the sale of picture frames and pictures without license committed in manner and form as follows, viz.: The said N. B Baldwin, in the county aforesaid, on the 11th day of June, 1906, and before the finding of this indictment, and without first having obtained a license so to do, and without paying the license tax required by law, did act as solicitor and agent for the enlargement of pictures and for the sale of pictures and frames in certain negotiations with one Richard Hager, and while acting in said capacity did unlawfully solicit from said Hager a contract or order for enlarging pictures, and did agree to sell to him an enlarged picture and a frame therefor; said Baldwin acting as and being at the time solicitor and agent for the Fidelity Portrait Company, a corporation duly organized and created under and pursuant to the laws of the state of Illinois, with its principal place of business in Chicago in said state, the terms of and the method of carrying out said contract being substantially this: Said Baldwin, in his capacity as said solicitor and agent, conducted said negotiations in person in the city of Nicholasville in said county, where said Hager furnished him a photograph, and selected a frame from samples shown him, whereupon said...