Commonwealth v. Illinois Central Ry. Co.
Court of Appeals of Kentucky
Case 99 — Prosecution against Illinois Central Railway Co., por Obstructing a Street. APPEAL PROM CARLISLE CIRCUIT COURT — R. J. BUGG, CIRCUIT JUDGE.
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Case 99 — Prosecution against Illinois Central Railway Co., por Obstructing a Street. APPEAL PROM CARLISLE CIRCUIT COURT — R. J. BUGG, CIRCUIT JUDGE. Demurrer to Indictment Sustained and Commonwealth . Appeals. 1. The indictment is drawn in the usual form, and charges that the offense was committed on the 20th of February, 1904, and be.fore the finding of the indictment (which was found on said day), and described the Street with particularity, and alleged it was obstructed on that day, and divers other days within twelve months last past. 2. We submit that the Commonwealth is not required to…
1Opinion of the Court
*777Opinion of the court by
JUDGE HOBSON
Reversing.
The circuit court sustained, á demurrer to the following indictment, and dismissed the prosecution: “The grand jurors of the county of Carlisle, in the name and by the authority of the Commonwealth of Kentucky, accuse the Illinois Central Railroad Company of the offense of committing and creating and maintaining a common and public nuisance, committed in manner and form as follows, to-wit: The said Illinois Central Railroad Company, in the said county of Carlisle, on the 20th day of February, 1904, and before the finding of this indictment, is, and…
2Cases cited3 opinions
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1901
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1904
- Louisville & Nashville Railroad v. CommonwealthCourt of Appeals of Kentucky · 1904
3Cited by1 opinion
- State v. BarrSupreme Court of Vermont · 1905