Johnson v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT APPEAL PROM CARTER CRIMINAL COURT. 1. The indictment is not good because it does not show that there ivas an election held in Carter county on the sixth day of November, 1888, and does not show in what district T. H. Paynter was a,candidate for Representative, or whether he was eligible as a candidate to be voted for; nor does it show that he was an inhabitant of tho State in which he was to be chosen, as provided by tlie Constitution of the United…
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Case 7 — INDICTMENT APPEAL PROM CARTER CRIMINAL COURT. 1. The indictment is not good because it does not show that there ivas an election held in Carter county on the sixth day of November, 1888, and does not show in what district T. H. Paynter was a,candidate for Representative, or whether he was eligible as a candidate to be voted for; nor does it show that he was an inhabitant of tho State in which he was to be chosen, as provided by tlie Constitution of the United States. '2. As the Constitution of tho United States invests Congress with legislative power to regulate tho election of…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellant, James Johnson, was indicted by a grand jury of the Carter Criminal Court of the offense of unlawfully receiving a bribe in money, paid to him by one Strother; that for a consideration in money paid to him by Strother he voted for T. H. Paynter, who was at the time a candidate for a seat in the House of Representatives of the United States.
There was a demurrer to the indictment for a failure to allege where the vote was cast, or that an election was held in the county of Carter for Representative. While the indictment should have…
2Cited by7 opinions
- Leitchfield Mercantile Co. v. CommonwealthCourt of Appeals of Kentucky · 1911
- Temple v. HamiltonSupreme Court of Arkansas · 1928
- Gardner v. RayCourt of Appeals of Kentucky · 1913
- King v. City of PinevilleCourt of Appeals of Kentucky (pre-1976) · 1927
- Klyman v. CommonwealthCourt of Appeals of Kentucky · 1895
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