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37 Ky. 215

Webster v. Commonwealth

Court of Appeals of Kentucky

Decided October 18, 1838

Court of Appeals of Kentucky · decided 1838-10-18

<p>An indictment charging that the-accused kept a tippling house, ‘ not under pre-tence of keeping a tavern,’ is good after verdict, as those terms manifestly imply that he had no license. But the, terms,, kept &c. ‘ without having obtained a license to keep tavern,5' are more appropriate.</p>

Decided 1838-10-18

Chief Justice Robertson

¶1delivered the Opinion of the Court.

¶2The only question in this case, is whether, after verdict, an indictment is good which charges the accused with keeping a tippling house — “ not under pretence of keeping a tavern.”

¶3“ Without having obtained license to keep a tavern,” would have been .more appropriate, and .less liable to criticism or objection. But if the- accused made no “pretence of keeping a tavern,” surely the manifest inference was, that he had no license to keep a tavern.

¶4And we are clearly, therefore, of the opinion that, according to the sixth section of the act of 1831, the indictment in this case is good, and that a verdict of guilty upon it, authorized the judgment, as rendered, for the cumulative penalty of sixty dollars, denounced by that section, for keeping a tippling house, “without obtaining a license'’'1 to keep a tavern.

¶5Wherefore the judgment is affirmed.

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