PEOPLES TOBACCO WAREHOUSE v. COMMONWEALTH


310 S.W.2d 781 (1958)

PEOPLES TOBACCO WAREHOUSE, Inc., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 28, 1958.


Attorney(s) appearing for the Case

Fritz Krueger, Somerset, Charles Richard Doyle, Lexington, for appellant.

Jo M. Ferguson, Atty. Gen., William F. Simpson, Asst. Atty. Gen., for appellee.


MOREMEN, Chief Justice.

Appellant, Peoples Tobacco Warehouse, Inc., was indicted and convicted of an offense denounced in subsection (5) of K.R.S. 363.280, by these words:

"No person shall take more than the quantity represented of any commodity, thing or service when as buyer he furnishes the weight, measure, or weighing or measuring device by means of which the amount of the commodity, thing, or service is determined."

In November, 1956, Grayson...

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