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Adams Express Company v. The Commonwealth of Kentucky

Part of Harkins Family papers

. 2. , plead 'Not Wuilty' and 'Once in jeopardy' The Court proceeded with the hearing over defendant's object- t ion; and endeavored to prove that Laynesville was a district in which local option existed. The evidence admitted by this Court on . this issue was error: The petition to the County Court to submit - the quwstion of local option to the voters was not signed by 25% of the voters voting in said precinct (Kentucky Statutes 2554); and the election was ordered to he and was held less than sixty days (Kentucky Statutes 2554) from the time and only fifty eight days had elapsed; and the election held on said date was unauthor ized by law and was and is void. The Court erred, over appellant's : objection, in permitting said petition, order and certificate of i the election to be read to the jury as in legal contemplation was nul tiel record. 3 The Court was in error in allowing and permitting evidence to I t be received on questions or shipment and delivering to Parsons as the only ;uestion charged in the indictment was sale and delivery to Hobinett, and evidence as to sales to Parsons had the effect of i prejudieing and inflaming the minds of the jury against defendant. The Court misinstructed the jury and refused, on defendant's g motion, to prOperly instruct the jury. . i The defendant, The Adams Express Company, is shown by the ev f t i idenoe to be a common carrier, engaged in InterState Commerce be- r L tween the several states and particularly between Ohio and Kentucky. { E That Sundry packages, contents to it unknown, were shipped by the . Brookville Distillery Company and White Oak Distillery Company, in 5 and From Cincinnati, in the State of,0hio, and consigned to E. S. Robinett, a citizen of Kentucky, at Harold, P.0., and station, in L Ploy: County, in said last named State. The freight charges on these