Commonwealth v. Wickersham
Court of Appeals of Kentucky
Case 6 —INDICTMENT APPEAL FROM PULASKI CIRCUIT COURT. 1. It seems clear that the legislature intended by section 3513 of the Kentucky Statutes to give to police courts in cities of the fourth class exclusive jurisdiction over only such offenses as are created by and arise out of ordinances of the city, or as would not be punishable, but for such ordinances. 2. By section 1093 of Kentucky Statutes the jurisdiction of justices of the peace is concurrent with that of the…
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Case 6 —INDICTMENT APPEAL FROM PULASKI CIRCUIT COURT. 1. It seems clear that the legislature intended by section 3513 of the Kentucky Statutes to give to police courts in cities of the fourth class exclusive jurisdiction over only such offenses as are created by and arise out of ordinances of the city, or as would not be punishable, but for such ordinances. 2. By section 1093 of Kentucky Statutes the jurisdiction of justices of the peace is concurrent with that of the circuit courts in certain cases, embracing this case; and under the Constitution police judges can have no greater or less…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellee Wickersham was indicted in tbe Pulaski Circuit Court for the offense of unlawfully engaging in a game of chance in which money was bet, won and lost, made by section 1977, Kentucky Statutes, a misdemeanor, punishable by line of not less than twenty dollars nor more than one hundred dollars; but the transcript contains the following recital: “This day this prosecution came on for trial, and by agreement of tbe parties a jury was waived and law and *22facts submitted to the court; and the court having heard the evidence, and being sufficiently…
2Cited by3 opinions
- Moren v. CommonwealthCourt of Appeals of Kentucky · 1903
- Rieser v. WardCourt of Appeals of Kentucky · 1922
- Commonwealth v. PrallCourt of Appeals of Kentucky · 1911