Court of Appeals of Kentucky, 1922

Elrod v. Commonwealth

Elrod v. Commonwealth
Court of Appeals of Kentucky · Decided October 13, 1922 · Clarke
196 Ky. 60; 244 S.W. 55; 1922 Ky. LEXIS 442

Elrod v. Commonwealth

Opinion of the Court

Opinion ok the Court by

Judge Clarke

— Reversing.

The indictments in these two cases, attempting to charge the defendants with violating the prohibition act of 1920, being section 2554a of the 1922 edition of Kentucky Statutes, are fatally defective because the exceptions contained in the first section of the act were not negatived, as was held in Rickman v. Commonwealth, decided May 26, 1922, construing the same averments found in these indictments.

The court, therefore, erred in overruling demurrers to the indictments, and the judgments are reversed with directions for proceedings consistent herewith.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.