Farris v. Commonwealth

• Decision Date: 07 June 1901
• Citation: 63 S.W. 617
• Parties: FARRIS v. COMMONWEALTH (two cases.) [1]
• Court: Kentucky Court of Appeals

63 S.W. 617

FARRIS v. COMMONWEALTH (two cases.) ^[1]

Court of Appeals of Kentucky.

June 7, 1901

Appeal from circuit court, Knox county.

"Not to be officially reported."

Brit Farris was convicted of the offense of selling liquor in violation of a local law, under each of two indictments, and he appeals. Reversed.

B. B. Golden, for appellant.

R. J. Breckinridge and J. K. Roberts, for appellee.

PAYNTER, C.J.

The indictments in these cases are under the local option law, referred to in the opinion this day delivered in the case of Farris v. Commonwealth (Ky.) 63 S.W. 615, and the questions as to the sufficiency of the indictment and as to the penalty to be imposed are the same as were raised and decided in that case. The facts with reference to the failure to read the indictment are the same in these cases as in the case referred to, and for that reason the judgments are reversed.

The clerk of the court sent with the transcript what he claims to be the original instructions. Original papers cannot be brought before the court in this way. Therefore there is nothing before us to show whether or not the court properly instructed the jury. It is sufficient to say that on the next trial the court should give instructions which are usual in cases of this character.

Counsel urges that the evidence in these cases does not show a violation of the law. We think it was sufficient to let the case go to the jury, for it to determine whether or not the defendant had been proven guilty of the offense charged in the indictment. For the reasons given, the judgments are reversed, for proceedings consistent with this opinion.

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Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

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