Eubank v. Commonwealth
Court of Appeals of Kentucky
CASE 41. — INDICTMENT AGAINST W. W. EUBANK FOR USURPATION OF OFFICE. — Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Defendant convicted and appeals. — AUTHORITIES CITED. Civil Code, Sec. 334; Crim.
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CASE 41. — INDICTMENT AGAINST W. W. EUBANK FOR USURPATION OF OFFICE. — Appeal from Montgomery Circuit Court. A. W. Young, Circuit Judge. Defendant convicted and appeals. — AUTHORITIES CITED. Civil Code, Sec. 334; Crim. Code, Sec. 348; Commonwealth v. McCready, 2 Metcalf, 377; Commonwealth v. Tarvin, Judge, 72 S. W., 13; Biggs v. McElvain’s exrx., 3 A. K. Marshall, 360; Freeman v. Branham, 17 B. Monroe, 608; Allard v. Smith, 2 Met-calf, 298; Corley’s exrx. v. Evans and wife, 4 Bush, 410; L. & N. Railroad v. Barbour, 9 Ky. Law Rep., 934; Commonwealth v. Lewis’ admr., 19 Ky. Law Rep., 170;…
1Opinion of the Court
Opinion, of the Court by
Judge Settle
Reversing
Appellant was indicted by tbe grand jury of Montgomery county for usurpation of office. The office he was alleged to have usurped was that of supervisor of roads in and for Montgomery county; it being, in substance, charged in the indictment that though he had never been elected or appointed to the office in question, and knew he was not entitled thereto, appellant unlawfully and wilfully took possession of and held it from April 5, 1905, to January 1, 1906, during which time he pretended to cause work to be done on the public roads of the county,…
2Cases cited3 opinions
- Fleming County Fiscal Court v. HoweCourt of Appeals of Kentucky · 1905
- Wayman v. CommonwealthCourt of Appeals of Kentucky · 1879
- Palmer v. CommonwealthCourt of Appeals of Kentucky · 1906
3Cited by9 opinions
- Commonwealth v. BushCourt of Appeals of Kentucky · 1909
- Reuter v. Meacham Contracting Co.Court of Appeals of Kentucky · 1911
- Eubank v. Montgomery CountyCourt of Appeals of Kentucky · 1907
- Johnson v. SandersCourt of Appeals of Kentucky · 1909
- Spurlock v. LaffertyCourt of Appeals of Kentucky (pre-1976) · 1926
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