Citation Numbers: 206 Ky. 685
Judges: Sampson
Filed Date: 1/20/1925
Status: Precedential
Modified Date: 7/24/2022
Opinion of the Court by
Affirming.
Accused, Hale, tried and convicted by a jury in the Casey circuit court of the offense of knowingly selling to one Shackelford, for beverage purposes, a concoction known as Jamaica ginger, prosecutes this appeal.
In his brief appellant says that the indictment in this case was fatally defective and that the court sought to cure the defect by requiring the Commonwealth to elect, and in this the court erred, and should have sustained the demurrer to the indictment. We hav'e examined the transcript with care but find no record of a demurrer having been filed to the indictment. Neither was there an election by the Commonwealth. The indictment appears to be sufficient in all respects.
Appellant’s next contention is, that the evidence fails to support the charge of selling Jamaica ginger for beverage purposes. The witness for the Commonwealth testified that appellant Hale was running a soft drink stand in the town of Liberty, and that the witness was running a restaurant on the opposite side of the street, that the witness went across to appellant’s place where
Several witnesses were then called and asked if they were acquainted with the general reputation of appellant among the people of that neighborhood for handling and selling Jamaica ginger, and they answered they were and that appellant’s reputation was bad in that respect. There was no evidence to the contrary. That heard, we think, was sufficient to carry the case to the jury and to sustain the verdict.
Judgment affirmed.