Avent Beattyville Coal Co. v. Commonwealth
Court of Appeals of Kentucky
Cash 3S —INDICTMENT— APPEAL PROM LEE CIRCUIT COURT. 1. The indictment failing to charge that the prosecuting witness actually worked in appellant’s coal mines, or that he earned any thing, or that the appellant owed him any thing at any time, it was defective, and the demurrer should have been sustained.
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Cash 3S —INDICTMENT— APPEAL PROM LEE CIRCUIT COURT. 1. The indictment failing to charge that the prosecuting witness actually worked in appellant’s coal mines, or that he earned any thing, or that the appellant owed him any thing at any time, it was defective, and the demurrer should have been sustained. (Criminal Code, see. 124) 2. The testimony of witnesses who did not work for appellant, and who knew nothing about the prosecuting witness working for it, was incompetent: ■3. Appellant having been indicted as a corporation, the failure to prove that it was a corporation was fatal to the…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the -court.
For failing to pay one of its wage-earners in lawful money, the appellant; was indicted in the Lee Circuit *220Court, tried, found guilty and fined one hundred dollars. Its chief ground of complaint on this appeal is, that the proof of ' the State does not sustain the finding of the jury, and, therefore, the peremptory instruction asked by it should have been given by the court.
The statute alleged to have been violated provides as follows: “That any corporation, or person or persons, having the ownership or control of any factory, mine or…
2Cited by9 opinions
- Commonwealth v. StraussMassachusetts Supreme Judicial Court · 1906
- Seelyville Coal & Mining Co. v. McGlossonIndiana Supreme Court · 1906
- Barker v. Stearns Coal Lumber Co., Inc.Court of Appeals of Kentucky (pre-1976) · 1941
- Shortall v. Puget Sound Bridge & Dredging Co.Washington Supreme Court · 1907
- Carrs Fork Coal Co. v. Johnson Drug Co.Court of Appeals of Kentucky (pre-1976) · 1933
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