Legal Opinion

Commonwealth v. Rodes

Court of Appeals of Kentucky

Decided November 11, 1833PublishedCited by 4 opinions

This prosecution was commenced in the Court of Appeals — it be-< ing one of those cases, of rare occurrence, of which this court has original jurisdiction, by the constitution. — As the Written Opinion of the court, delivered upon the final decision, is confined to the facts established upon the trial, the law, and the requisitions of the law thereon arising, it may be proper to note here, the points made and decided orally, in the course of the preliminary proceedings.

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This prosecution was commenced in the Court of Appeals — it be-< ing one of those cases, of rare occurrence, of which this court has original jurisdiction, by the constitution. — As the Written Opinion of the court, delivered upon the final decision, is confined to the facts established upon the trial, the law, and the requisitions of the law thereon arising, it may be proper to note here, the points made and decided orally, in the course of the preliminary proceedings. The Attorney General, on the 27 th of April, 1882, moved, in his official capacity, for leave to file the information. The…

1Opinion of the Court

This is an information by the Attorney General, against James C. Rories — the clerk of Fayette county court— charging him with misbehavior in office.

The information contains two charges:—

First. That Rodes fraudulently and illegally antedated a marriage license for a contemplated marriage between Bushrod Boswell and Isabella Lowry; that he took no bond, as required by law; and that, afterwards, to avoid a prosecution for official delinquency, he procured a bond to be executed, and fraudulently inserted in it a false date.

Second. That Rodes, as clerk of the county court of Fayette, “did…

2Cited by4 opinions

  1. Commonwealth v. ChinnCourt of Appeals of Kentucky · 1901
  2. Commonwealth v. RodesCourt of Appeals of Kentucky · 1845
  3. Fail's Administrator v. Presley's AdministratorSupreme Court of Alabama · 1874
  4. Creal v. City of KeokukSupreme Court of Iowa · 1853

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