(Download) "Burchett v. Commonwealth" by Court Of Appeals Of Kentucky ~ eBook PDF Kindle ePub Free
eBook details
- Title: Burchett v. Commonwealth
- Author : Court Of Appeals Of Kentucky
- Release Date : January 07, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
SIMS, Chief Justice. Under an indictment charging him with selling intoxicating liquor within the twelve months last past in Floyd County, which was local option territory, Willard Burchett was tried and convicted. His punishment was fixed by the jury at a fine of $100 and imprisonment in the county jail for 30 days and from the judgment entered thereon he appeals. The sole ground upon which appellant seeks to reverse the judgment is that the court gave this improper instruction to the jury: 'If the jury believe from the evidence, beyond a reasonable doubt, that the defendant has been proven guilty of selling whiskey in dry territory, you will fix his fine at not less than $20.00, nor more than $100.00, and by imprisonment in the county jail for not less than 30 nor more than 60 days.' The only other instruction given was the one on reasonable doubt.
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