Collins v. Commonwealth

Decided September 20, 1912

Court of Appeals of Kentucky · decided 1912-09-20

<p>Local Option — Unlawful Possession of Spirituous Liquor — Wbat Commonwealth. Must Show in Prosecution For. — In a prosecution. under section 2557b-2 of the Kentucky Statutes for unlawfully having spirituous liquor in one’s possession, in Knott County, which was local option territory, for the purpose of selling it therein, it is essential for the Commonwealth to prove, among other things, that the liquor was in the possession of the accused within twelve months before the finding of the indictment, and within Knott County. A failure of proof in either respect is fatal.</p>

Decided 1912-09-20

¶1Opinion op the Court by

Judge Miller

¶2Reversing.

¶3The appellant, Green Collins, was indicted, tried and fined $100.00 in the Knott Circuit Court for unlawfully having spirituous liquor in his possession, for the purpose of selling it in Knott County, where the local option law was in force. (Ky. Sts., sec. 2557b-2.)

¶4The single ground assigned for a reversal of the judgment is, that the verdict upon which the judgment was based, is against the evidence. The Commonwealth *398wholly failed to prove that the liquor was iu Collins’ possession within twelve months before the finding of the indictment, or within Knott County,- and, as these facts were essential to the establishment of appellant’s guilt, it necessarily follows that the verdict was without sufficient evidence to support it.

¶5Judgment reversed and case remanded for a new trial.