Legal Opinion

Commonwealth v. Grinstead

Court of Appeals of Kentucky

Decided March 10, 1900PublishedCited by 32 opinions

Case 10 — Indictment Against Grinstead & Tinsley for Criminal Conspiracy to Fix Price of Merchandise Demurrer to Indictment Sustained. Commonwealth Appeals. APPEAL FROM WHITLEY CIRCUIT COURT. 1. The act of'May 20, 1890, now section 3915, Kentucky Statutes, does not. contravene .section 198 of the Kentucky Constitution. Johnson v. 'Higgins, 3 Metcalf, 576; TJ S. v. Cruikshanks, 92 TJ. S., 542; Cooley 'Con.

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Case 10 — Indictment Against Grinstead & Tinsley for Criminal Conspiracy to Fix Price of Merchandise Demurrer to Indictment Sustained. Commonwealth Appeals. APPEAL FROM WHITLEY CIRCUIT COURT. 1. The act of'May 20, 1890, now section 3915, Kentucky Statutes, does not. contravene .section 198 of the Kentucky Constitution. Johnson v. 'Higgins, 3 Metcalf, 576; TJ S. v. Cruikshanks, 92 TJ. S., 542; Cooley 'Con. Limitation, pp. 87, 88, 90 and 108; People v. Draper, 15 New York, .53'2, '543; Schedule Constitution, sec. 1. 2. Said act is not repealed because it was not re-enacted by the act of April…

1Opinion of the Court

Opinion oj? the court by

JUDGE DuRELLE

Reversing.

To an indictment charging appellees with the offense of criminal conspiracy a general demurrer has been sustained. The indictment is based upon the act of May 20, 1890, entitled “An act to prevent the establishment of pools, trusts and conspiracies, and to -provide punishments therefor” (1 Acts 1889-90, p. 143). It is contained in sections 3915 to- 3921, Kentucky Statutes, inclusive. This case involves the validity of two sections of the act, which are now embodied in sections 3915,, 3917, Kentucky Statutes. They are as follows-:

“See. 3915. That…

2Cases cited13 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1896
  4. Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
  5. Sams v. Sams' AdministratorCourt of Appeals of Kentucky · 1887

8 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Commonwealth v. International Harvester Co.Court of Appeals of Kentucky · 1909
  2. Owen County Burley Tobacco Society v. BrumbackCourt of Appeals of Kentucky · 1908
  3. Bowman v. HamlettCourt of Appeals of Kentucky · 1914
  4. Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
  5. Auditor v. United States Fidelity & Guaranty Co.Court of Appeals of Kentucky · 1909

27 more not listed; retrieve them via the Exa API.

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