Commonwealth v. Hope

CULLEN, Commissioner.

The circuit court entered judgment dismissing an information that charged Emma Ferguson Hope with a second-offense violation of the local option law, which carried a potential maximum penalty of a fine of $200 and imprisonment in the county jail for 120 days (a misdemeanor). KRS 242.990. The ground for dismissal was that the offense was one which could be prosecuted only by indictment, under Section 12 of the Kentucky Constitution and RCr 6.02. The Commonwealth has appealed.

Under our cases, a statutory misdemeanor is not required by our Constitution to be prosecuted by…