Palmer v. Commonwealth
Court of Appeals of Kentucky
CASE 78. — PROSECUTION AGAINST A. B. PALMER FOR USURPATION OF OFFICE. — April 27. Appeal from Hardin Circuit Court. "Weed H. Chele, Circuit Judge. Defendant convicted and appeals.
Read the full summary
CASE 78. — PROSECUTION AGAINST A. B. PALMER FOR USURPATION OF OFFICE. — April 27. Appeal from Hardin Circuit Court. "Weed H. Chele, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. The indictment is bad for duplicity. 2. The statute does not cover the acts alleged to have been done by appellant. 3. Appellant was a defacto officer holding under a commission. 4. There is no claim that his appointment had been declared vacant. 5. He did not unlawfully or otherwise pretend to exercise the office of notary public after his term had legally expired. 6. The office of notary…
1Opinion of the Court
OpiNioN of the Court by
Judge Barker
— Eevers-ing.
The appellant, A. B. Palmen, was indicted by the grand jury of Hardin county, charged with the offense of usurpation of office. A trial resulted in his being-found guilty, and his punishment fixed by a fine of $500. To reverse the judgment enforcing this verdict, he is here on appeal.
*696Section 1364 of the Kentucky Statutes, under ■under which the indictment was- Pad, is as follows: “If any person shall usurp any office established by the Constitution or laws- of this Comomnwealth, or shall knowingly hold and pretend to exercise such office, after…
2Cited by3 opinions
- Schardein v. HarrisonCourt of Appeals of Kentucky (pre-1976) · 1929
- Commonwealth v. BushCourt of Appeals of Kentucky · 1909
- Eubank v. CommonwealthCourt of Appeals of Kentucky · 1907