V g? r
5 t ,
i COURT OF APPEALS.
Adame Express company, Appellant.
Against // Brief for Appellant.
, The Commonwealth of Kentucky, Aypellee,
At the term, 1906, of the Floyd Cincuit Court an indict
ment was returwed against the Appellant, charging the commission
of the offense of unlawfully selling spiritous liquors to h. 8. Rob
inett, without a license, in a local Option district, viz. in Civil
District No. , Floyd County, Kentucky.
, A Demurrer to the indictment was filed, which raieed the ques-
tion of the sufficientcy of the indictment with respect to all in-
sufficient avernents. Among the important considerations are:-
Can the defendant under the averment of the indictment be shown to
have copttted any offense? In other words, can an individual, or
a corporation, be indicted for another's doing of an unlawful act?
Certainly not, unless the amendment to Sec. 2557 of Kentucky Statute,
by Act of the Kent cky hegialature, approved the II day of march,
1902, will authorize tbie to be done; hut, it nypears to me, that
even in that state of case the defendant would have to be indicted
with the shipper, or the agent making the delivery; and it was and
is an error to indict the Adans Express Co pany alone.
This demurrer having been ruled adversly to the defendant,
, thereupon the defendant plead 'Not Guilty', and a jury was enman-
nelled and accepted, but not sworn, the Attorney for the Commonwealth
read the indictment and announced defendant's plea, when it waeimmem-
bered by the Clerk that the jury had not been sworn; thereupon the
Attorney for the Commonwealth entered notion that the jury be then
sworn, and again called upon the defendant to plead, and it then