Commonwealth v. Green
Court of Appeals of Kentucky
Case 8 — INDICTMENT— APPEAR FROM LINCOLN CIRCUIT COURT. The indictment sets forth with particularity the facts showing that the local option law had been adopted by the town of Stanford, and is, therefore, sufficient. 1. The indictment is not good, because it failed to allege facts showing that the town of Stanford had adopted the local option law at an election properly ordered, held and certified. (Fitch v. Commonwealth, 4 Ky.
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Case 8 — INDICTMENT— APPEAR FROM LINCOLN CIRCUIT COURT. The indictment sets forth with particularity the facts showing that the local option law had been adopted by the town of Stanford, and is, therefore, sufficient. 1. The indictment is not good, because it failed to allege facts showing that the town of Stanford had adopted the local option law at an election properly ordered, held and certified. (Fitch v. Commonwealth, 4 Ky. Law Rep., 340.) Young v. Commonwealth, 14 Bush, 165, was overruled in Hodge v. Commonwealth, MS. Opinion, May 23, 1882. 2. The indictment affirmatively shows the…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
This is a prosecution against the appellee for an alleged violation of what is popularly called the local option law, and the indictment having' been held bad on demurrer, the State has appealed.(1). The indictment charges that the election was ordered upon the petition of “25 per cent of the legal voters of Stanford,” when the statute (Kentucky Statutes, section 2554), requires 25 per cent, of the votes cast, “at the last city election.”(2). It charges that the election was ordered “at the July term, 1894, which was a regular term of said…
2Cases cited1 opinion
- Commonwealth v. KingCourt of Appeals of Kentucky · 1887
3Cited by2 opinions
- Locke v. CommonwealthCourt of Appeals of Kentucky · 1902
- Commonwealth v. CopeCourt of Appeals of Kentucky · 1899