Wallenweber v. Commonwealth
Court of Appeals of Kentucky
CASE 23 — BAIL BOND — APPEAL PROM LOUISVILLE CITY COURT. CITED— Criminal Code, sec. 80. CITED— 1 Duvall, 1; Shaw vs. Commonwealth. 1 Duvall, 245; Johnson vs. Commonwealth. 1 Duvall, 199; Commonwealth vs. Roberts. CITED— Criminal Code, secs. 303, 304 CITED— Sess. Acts, 1865, p. 270, sec. 18. 3 Bush, 19; Commonwealth vs. S/ceggs, S/-c.
1Opinion of the Court
JUDGE WILLIAMS
delivered the opinion ov the oodrt;
The summons issued against Wm. Smith, “ for setting up a real estate agency in the city of Louisville without obtaining a license, contrary to an ordinance of the city,” was certain to a common intent, and sufficient to inform him of the nature of the accusation; but it did not authorize an arrest of his person.
The officer, without legal authority, seems to have arrested Smith and taken him to the city court room, when, in the absence of the city judge or other judicial officer, or any order from such, requiring him to give bail, the clerk took…
2Cited by4 opinions
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
- State v. BowserSupreme Court of North Carolina · 1950
- Bunnell v. CommonwealthCourt of Appeals of Kentucky · 1921