Commonwealth v. Fain

Opinion of the Court by

Judge Thomas

— Affirming.

Section 1588 of onr present Statute makes it a high misdemeanor, punishable by fine and imprisonment, at the discretion of the jury, for one to “forcibly break up or prevent or attempt to break np or prevent, the lawful holding of an election,” etc. The appellee, L. Pain, was indicted by the grand jury of Jessamine county, in which he was attempted to be charged with the offense described by that language of the Statutes. He demurred to • the indictment, and the court sustained it over the objections and exceptions of the commonwealth, and it…