Legal Opinion

Horsfall v. Commonwealth ex rel. Hamilton

Court of Appeals of Kentucky

Decided December 19, 1866PublishedCited by 2 opinions

CASE 29 — MOTION APPEAL PROM CAMPBELL CRIMINAL COURT. CITED— 2 Revised Statutes, p. 222. Act of Feb. 18, 1860, and page 115, Laws of Newport. Laws of Newport, pp. 102,184, 210, 209, 270, 258, 213. Sec. 11, art. 8, Constitution of Kentucky. Sec. 1, art. 3, chap. 78, Rev. Stat. Sec. 6, art. 2, chap. 91, Rev. Stat. Act Feb. 27, 1856, 1 Stanton, p. 345. CITED— Act of Feb. 5, 1866, Myers’ Sup., 697. 3 Metcalfe, 237 ; Low vs. Commonwealth. Act of Feb. 27,1856,' 1 Stant.

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CASE 29 — MOTION APPEAL PROM CAMPBELL CRIMINAL COURT. CITED— 2 Revised Statutes, p. 222. Act of Feb. 18, 1860, and page 115, Laws of Newport. Laws of Newport, pp. 102,184, 210, 209, 270, 258, 213. Sec. 11, art. 8, Constitution of Kentucky. Sec. 1, art. 3, chap. 78, Rev. Stat. Sec. 6, art. 2, chap. 91, Rev. Stat. Act Feb. 27, 1856, 1 Stanton, p. 345. CITED— Act of Feb. 5, 1866, Myers’ Sup., 697. 3 Metcalfe, 237 ; Low vs. Commonwealth. Act of Feb. 27,1856,' 1 Stant. Rev. Stat., 345. 2 Stant. Rev. Stat., 346, 347, 348. Act of Feb. 11, 1864, Myers’ Sup., 279-80.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion op the court:

The legislation of the State, and city ordinances harmonizing with it, appropriated the city jail in Newport to municipal uses, under the care and superintendence of a special keeper, independent of the county jail and County jailer, whose duties and responsibilities are confined to the county jail, and cannot conflict with those of the city jailer. If a State prisoner be, as he may be, committed to the city jail, his custodian will be the city jailer, and the county jailer will neither have control over him nor be responsible for his…

2Cited by2 opinions

  1. Baumeister v. MarkhamCourt of Appeals of Kentucky · 1897
  2. Gray v. McAteeCourt of Appeals of Kentucky (pre-1976) · 1929

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