Standard Oil Co. v. Commonwealth

• Decision Date: 23 March 1906
• Citation: Standard Oil Co. v. Commonwealth, 122 Ky. 440, 91 S.W. 1128 (Ky. Ct. App. 1906)
• Parties: STANDARD OIL CO. v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

91 S.W. 1128

122 Ky. 440

STANDARD OIL CO. v. COMMONWEALTH.

Court of Appeals of Kentucky.

March 23, 1906

Appeal from Circuit Court, Graves County.

"To be officially reported."

The Standard Oil Company was convicted of selling oil from a wagon without a license, and appeals. Affirmed.

Humphrey Hines & Humphrey and Robbins & Thomas, for appellant.

W. H Hester, for the Commonwealth.

PAYNTER J.

The indictment was returned in court November 29, 1904, and charged the appellant with the offense of unlawfully selling petroleum, lubricating, and other oils by transporting and retailing the same by means of a wagon without a license so to do. The oil was alleged to have been sold to L. J. Bowen on May 30, 1904. The trial resulted in a conviction and the imposition of a fine of $250.

A reversal is sought because the commonwealth failed to prove that the appellant was a corporation. It is averred in the indictment that it is a corporation. Such an averment was essential to the validity of the indictment. Robertson's Criminal Law, vol. 2, 1036. If the Standard Oil Company was a partnership, it would have been necessary to proceed against the members comprising the firm, as no valid judgment could be rendered against the name under which they conducted the business. If it is necessary to allege that a defendant is a corporation, then it is necessary that there should be introduced some evidence tending to show that it is. A plea of not guilty puts in issue the question as to whether it was a corporation. When there is no admission that it is a corporation, and the plea of not guilty is equivalent to a...