Lewis v. Com.

• Decision Date: 05 January 1899
• Citation: 48 S.W. 977
• Parties: LEWIS v. COMMONWEALTH. [1]
• Court: Kentucky Court of Appeals

48 S.W. 977

LEWIS v. COMMONWEALTH. ^[1]

Court of Appeals of Kentucky.

January 5, 1899

Appeal from circuit court, Letcher county.

"Not to be officially reported."

Martha Lewis was convicted of the offense of selling spirituous, vinous, and malt liquors, and she appeals. Reversed.

W. F. Hall and E. E. Hogg, for appellant.

W. S. Taylor and M. H. Thatcher, for the Commonwealth.

WHITE, J.

The appellant was indicted in the Letcher circuit court for the offense of selling spirituous, vinous, and malt liquors in Letcher country. After a demurrer to the indictment had been overruled, appellant was tried and convicted, and her fine fixed at $100; and, after motion for a new trial had been overruled, she appealed.

The indictment was signed on the back by the foreman of the grand jury, but the indorsement, "A true bill," does not appear thereon; and this is urged as fatal to the indictment, and that the circuit court in overruling the demurrer was in error, and a reversal should be had. This precise question was before the court in the case of Oliver v. Com., 95 Ky. 372, 25 S.W. 600, and it was there determined that with the omission the indictment was not valid. To this opinion we adhere. The case is reversed, with directions to set aside the verdict and judgment and grant a new trial and to dismiss the indictment.

---------

Notes:

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

---------