CLICK v. COMMONWEALTH


247 S.W.2d 371 (1952)

CLICK v. COMMONWEALTH.

Court of Appeals of Kentucky.

March 21, 1952.


Attorney(s) appearing for the Case

Edward L. Allen, Prestonsburg, for appellant.

A. E. Funk, Atty. Gen., for appellee.


CLAY, Commissioner.

Appellant was convicted of possessing intoxicating liquor in dry territory for the purpose of sale.

He first contends that his demurrer to the indictment should have been sustained because it failed to allege that he "knowingly" possessed the alcoholic beverage. Such allegation would be necessary if he were being prosecuted under KRS 243.840. However, the indictment charges an offense under KRS 242.230. It was not defective.

Appellant...

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