King v. Com.

Decision Date13 April 1911
Citation143 Ky. 125,136 S.W. 147
PartiesKING v. COMMONWEALTH.
CourtKentucky Court of Appeals

Appeal from Circuit Court, Logan County.

B. B King was convicted of an offense against the local option law, and he appeals. Affirmed.

A. R De Witt and S. R. Crewdson, for appellant.

E. J Felts, County Atty., James Breathitt, Atty. Gen., and Theo Blakey, Asst. Atty. Gen., for the Commonwealth.

CARROLL J.

The appellant was convicted in the Logan circuit court of the offense of having in his possession spirituous, vinous, or malt liquors for the purpose of selling them in Logan county, territory in which the local option law of the state was and is in force. The prosecution was instituted under section 2557b of the Kentucky Statutes 1909 (Russell's St. 1909, §§ 3637-3640), and the punishment of the appellant fixed at a fine of $100 and 50 days imprisonment in jail at hard labor until both fine and imprisonment were satisfied.

The principal ground urged for reversal is that the evidence was not sufficient to authorize a verdict of guilty. The facts are in substance these: The appellant conducted a livery stable in the city of Russellville. One day in November, 1910, the chief of police of Russellville, having information that appellant was going to get a wagon load of whisky from Bowling Green, was on the lookout for its arrival, and about noon saw a grocer's delivery wagon drive into the livery stable, and he immediately went there and found in the wagon, which had been backed up to a stall in the stable, seven cases of whisky, which he took possession of and delivered to the county judge of Logan county. The cases which were filled with bottles had plainly marked and branded on each of them the word "whisky," and in addition the name of well-known distillers and the marks of wholesale liquor dealers in Bowling Green. The officer testified that he was so well satisfied that the cases contained whisky that he did not think it necessary to open either the cases or the bottles. There was further evidence that a team owned by appellant and driven by a man about his stable left his stable in the middle of the night two days before the whisky was taken possession of, and that early in the morning of the day it was brought to Russellville this team and driver stopped at the house of Ben Perry, a colored man who lived about a mile from Russellville, on the road leading from Russellville, to Bowling Green. Perry testifies that appellant telephoned him to feed his team when it came along, and that he did so, and that the team left some time during the morning--just when is not shown. Taylor, who drove a delivery wagon for a grocer named Helm, said that on the morning in question at the direction of Helm he drove the wagon down to King's stable, when King told him to go to Perry's in his wagon and get some goods that he had out there, and that he hauled one load of barrels and boxes and delivered them to appellant at his stable in one of the back stalls; that he then went back to Perry's and got the other load of boxes that were captured by the officer, and that he had taken this last load into the stable and backed up to the stall that he had put the previous load in when the officer came in and took possession. He further said that the appellant told him when he started to Perry's on the second trip to be on the "lookout" when he came back, and that on his return with the second load he stopped his wagon some distance from the stable, got out of the wagon and went to the stable, where he saw appellant, who told him to get his wagon and drive in. It was further shown that this delivery wagon had curtains on it, and that all these curtains were down.

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23 cases
  • Wilder's Adm'r v. Southern Mining Co.
    • United States
    • Kentucky Court of Appeals
    • May 19, 1936
    ... ... evidence is often more conclusive and satisfactory than is ... positive and direct testimony. Smith v. Com., 140 ... Ky. 599, 131 S.W. 499; King v. Com., 143 Ky. 125, ... 127, 136 S.W. 147; Wendling v. Com., 143 Ky. 587, ... 137 S.W. 205; Mobley v ... ...
  • Wilder's Adm'R v. Southern Mining Co.
    • United States
    • United States State Supreme Court — District of Kentucky
    • May 19, 1936
    ...is often more conclusive and satisfactory than is positive and direct testimony. Smith v. Com., 140 Ky. 599, 131 S.W. 499; King v. Com., 143 Ky. 125, 127, 136 S.W. 147; Wendling v. Com., 143 Ky. 587, 137 S. W. 205; Mobley v. Com., 190 Ky. 424, 227 S.W. 584; Bowling v. Com., 193 Ky. 642, 647......
  • Perry's Adm'X v. Inter-Southern L. Ins. Co.
    • United States
    • United States State Supreme Court — District of Kentucky
    • February 7, 1933
    ...conclusive and satisfactory than is positive and direct testimony. Smith v. Commonwealth, 140 Ky. 599, 131 S.W. 499; King v. Commonwealth, 143 Ky. 125, 127, 136 S.W. 147; Wendling v. Commonwealth, 143 Ky. 587, 137 S.W. 205; Mobley v. Commonwealth, 190 Ky. 424, 227 S.W. 584; Bowling v. Commo......
  • Hudson v. Com.
    • United States
    • Kentucky Court of Appeals
    • May 7, 1926
    ... ...          "It ... is a recognized rule in this jurisdiction that a conviction ... for violating a criminal law of the state may be had upon ... circumstantial evidence alone when it is of such force as ... to reasonably exclude every hypothesis of the ... defendant's innocence. King v. Commonwealth ... [136 S.W. 147] 143 Ky. 127; Peters v. Commonwealth ... [159 S.W. 531] 154 Ky. 689; Mobley v. Commonwealth ... [227 S.W. 584] 190 Ky. 421 [424]. This is especially true ... of violations of the liquor laws, which are nearly always ... committed with secrecy and by methods ... ...
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