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207 Ky. 491

Burke v. Commonwealth

Court of Appeals of Kentucky

Decided February 24, 1925

Court of Appeals of Kentucky · decided 1925-02-24

Cited by 1 later decisions — most recently May 1926

1 state decisions

Relies on Ash v. Commonwealth · Caudill v. Commonwealth · Walker v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1925-02-24

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¶1Opinion of the Court by

Judge Sampson

¶2Reversing.

¶3The indictment accused appellant Burke of the offenses of “unlawfully manufacturing, selling, bartering, possessing, giving away and keeping for sale, and transporting spirituous, vinous, malt and intoxicating liquors,” in Pike county, in June, 1924. A general demurrer was filed to the indictment by appellant and overruled by the court, to which ruling appellant excepted. The Commonwealth did not elect for which offense named in the indictment it would try appellant, and the court did not require such election. This was error necessitating a reversal of the judgment. We have so held in the cases of Caudill v. Commonwealth, 202 Ky. 730; Ash v. Commonwealth, 193 Ky. 452; Walker v. Commonwealth, 193 Ky. 426, and many others.

¶4Judgment reversed for proceedings consistent with this opinion.

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