Kemper v. Commonwealth
Court of Appeals of Kentucky
Case 31 —INDICTMENT APPEAL PROM DAVIESS CIRCUIT COURT. (Brief not in record.) The same act may constitute an offense against both the State and a municipal corporation, and be punishable by both. (Mayor, &c., of Mobile, v. Alaire, 14 Ala., 400; City of St. Louis v. Cofferata, 24 Mo., 84; Mayor, &c., of Mobile, v. Rouse, 8 Ala., 515; 13 Ala., 341; Mayor, &c., of New York, v. Haytt, 3 E. D. Smith, 156; People v. Stephens, 13 .Wend., 341; Blatchleyv.
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Case 31 —INDICTMENT APPEAL PROM DAVIESS CIRCUIT COURT. (Brief not in record.) The same act may constitute an offense against both the State and a municipal corporation, and be punishable by both. (Mayor, &c., of Mobile, v. Alaire, 14 Ala., 400; City of St. Louis v. Cofferata, 24 Mo., 84; Mayor, &c., of Mobile, v. Rouse, 8 Ala., 515; 13 Ala., 341; Mayor, &c., of New York, v. Haytt, 3 E. D. Smith, 156; People v. Stephens, 13 .Wend., 341; Blatchleyv. Moser, 15 Wend., 215; 16 Ind., 387; Amboy v. Sleeper, 31 111., 499; St. Louis v. Rentz, 11 Mo.,. 61; Shafer v. Mumma, 17 Md., 331.)
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellant was indicted, tried and convicted in the Daviess circuit court for keeping and maintaining a bawdy-house in the city of Owensboro, Daviess county, Kentucky. Her fine was fixed by the jury at three hundred and fifty dollars. She pleaded in bar that she had been tried for the 'same offense and convicted of it in the city court of Owensboro, which court, under the city charter and by-laws, had jurisdiction to try the offense. The circuit court regarding appellant’s plea ,in bar as insufficient, overruled it and rendered judgment…
2Cases cited2 opinions
- Mayor v. AllaireSupreme Court of Alabama · 1848
- Shafer v. MummaCourt of Appeals of Maryland · 1861
3Cited by7 opinions
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Miles v. StateCourt of Appeals of Maryland · 1998
- Leitchfield Mercantile Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
- Lucas v. CommonwealthCourt of Appeals of Kentucky · 1904
- Respass v. CommonwealthCourt of Appeals of Kentucky · 1899
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