Ford v. Moss
Court of Appeals of Kentucky
CASE 35. — PROCEEDINGS BY BERT FORD AND OTHERS TO OBTAIN A WRIT OF PROHIBITION AGAINST JUDGE M. J. MOSS AND OTHERS. Application to- Appellate Court for writ of proIhiMtion 1. The indictment under which plaintiffs were tried and convicted in the Whitley Circuit Court at its November Term, 1906, wias drawn under section 1575 of the Kentucky Statutes. 2. It is the contention of the plaintiffs that the facts set forth in said indictment do not constitute a public offense in this…
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CASE 35. — PROCEEDINGS BY BERT FORD AND OTHERS TO OBTAIN A WRIT OF PROHIBITION AGAINST JUDGE M. J. MOSS AND OTHERS. Application to- Appellate Court for writ of proIhiMtion 1. The indictment under which plaintiffs were tried and convicted in the Whitley Circuit Court at its November Term, 1906, wias drawn under section 1575 of the Kentucky Statutes. 2. It is the contention of the plaintiffs that the facts set forth in said indictment do not constitute a public offense in this State, and moreover if such facts do constitute a public offense, then that no prosecution lies therefor by…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear—
Denying writ.
Bert Ford and a number of others, who are complainants herein, were tried and severally convicted in the Whitley circuit court for selling liquor on an election day. They were proceeded against by information filed by the commonwealth’s attorney in the circuit court. They have filed their petition in this court asking that a writ of prohibition issue against his honor, the judge of the Whitley circuit court, and against the clerk of the court and the sheriff of the county, to prohibit the issual and collection of executions against them…
2Cases cited3 opinions
- Arnold v. CommonwealthCourt of Appeals of Kentucky · 1882
- Commonwealth v. AveryCourt of Appeals of Kentucky · 1879
- Williamson v. CommonwealthCourt of Appeals of Kentucky · 1843
3Cited by4 opinions
- Commonwealth v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1929
- Commonwealth v. LayCourt of Appeals of Kentucky · 1924
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1917
- Commonwealth v. Adams Express Co.Court of Appeals of Kentucky · 1918