Patterson v. Com.
| Citation | 411 S.W.2d 940 |
| Parties | Quillie PATTERSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Decision Date | 03 February 1967 |
| Court | United States State Supreme Court — District of Kentucky |
J. W. Jordan, Barbourville, for appellant.
Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., for appellee.
Quillie Patterson moves for an appeal from and reversal of a judgment entered pursuant to a jury verdict finding her guilty of selling alcoholic beverages in dry territory and fixing her punishment at a $20 fine and 30 days in jail. KRS 21.140(2); KRS 242.230(1); KRS 242.990(1).
The evidence, though given by only one witness, was sufficient to support a finding by the jury that Mrs. Patterson sold six cans of beer for $3 to Charles Pyle, the witness. However, it was not proved that the sale was made in dry territory. Such an omission is fatal on a motion for directed verdict, which motion was made in Mrs. Patterson's behalf both at the close of the Commonwealth's case and at the close of all the evidence and was overruled. Ramsey v. Commonwealth, 314 Ky. 702, 236 S.W.2d 930 (1951); Click v. Commonwealth, Ky., 247 S.W.2d 371 (1952).
In Click v. Commonwealth, Ky., 247 S.W.2d 371 (1952), it was stipulated in the trial proceeding that the appellant twice before had been convicted of a similar offense, and in answer to the Commonwealth's contention that the stipulation was sufficient proof that Floyd County was dry territory this court said:
In the instant case there was no affirmative showing of any kind that Knox County was dry territory. Appellant therefore was entitled to a directed verdict.
The motion for appeal is sustained and the cause reversed with directions for a new trial.
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Rogers v. Com.
...judge were of such a nature as to warrant reversal of this conviction. We conclude that they were not. As recently as Patterson v. Commonwealth, Ky., 411 S.W.2d 940, we held that the failure of the prosecution to show that the offense charged had occurred in dry territory was fatal. Upon re......
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Turner v. Com.
...Ky.,424 S.W.2d 130, 132-33 (1968) the Court of Appeals stated its new position on this issue as follows: As recently as Patterson v. Commonwealth, Ky., 411 S.W.2d 940, we held that the failure of the prosecution to show that the offense charged had occurred in dry territory was fatal. Upon ......