Legal Opinion

City of Louisville v. Wehmhoff

Court of Appeals of Kentucky

Decided November 18, 1903Published

Case 87 — Proceedings by Warrant in the Name oe the City oe Louisville, and in the Police Court oe the City oe Louisville against Henry Wehmhoee, Ed. Alvey, James S. Pirtle and Charles .Smith, for the Violation oe a City Ordinance by Operating Poolrooms. appeal from jeeeerson circuit court, criminal division. Prom an Order Dismissing ti-ie City’s Appeal to the Circuit Court erom Judgments Sustaining Demurrers to the Warrants, the .City Appeals. AUTHORITIES CITED.

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Case 87 — Proceedings by Warrant in the Name oe the City oe Louisville, and in the Police Court oe the City oe Louisville against Henry Wehmhoee, Ed. Alvey, James S. Pirtle and Charles .Smith, for the Violation oe a City Ordinance by Operating Poolrooms. appeal from jeeeerson circuit court, criminal division. Prom an Order Dismissing ti-ie City’s Appeal to the Circuit Court erom Judgments Sustaining Demurrers to the Warrants, the .City Appeals. AUTHORITIES CITED. Statement. 1. Sec. 2782, Kentucky Statutes; see. 2922, Kentucky Statutes; City of Louisville v. Wehmhoff, &e., 24 R., 438-¡443, 68…

1Opinion

Judge O’Rear’s

response to a petition for a rehearing.

Aside from repetitions of arguments made on the original hearing of the case, and which we deem to have been disposed of by the opinion heretofore delivered in these cases, appellees have presented certain criticisms of the opinion, and additional reasons against the reversal, which ought to be noticed.

It is complained that the ordinance being considered is void because it violates section 168 of the Constitution, in this: That it provides less penalties than are fixed by statute for the same offense. It was argued before that the offense…

2Cases cited9 opinions

  1. Stone v. MississippiSupreme Court of the United States · 1880
  2. Plumley v. MassachusettsSupreme Court of the United States · 1894
  3. Patterson v. KentuckySupreme Court of the United States · 1879
  4. Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
  5. Austin v. TennesseeSupreme Court of the United States · 1900

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