Commonwealth v. Grinstead
Court of Appeals of Kentucky
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 Said act is not repealed because it was not re-enacted by the act of April…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…
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- Fletcher v. PeckSupreme Court of the United States · 1810
- United States v. CruikshankSupreme Court of the United States · 1876
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