Legal Opinion

Commonwealth v. Kennedy

Court of Appeals of Kentucky

Decided June 5, 1855PublishedCited by 1 opinion

IWDICTMENT, Case 1. APPEAL PROM CARTER CIRCUIT. The -facts of the case are clearly stated in the opinion of the court. The" circuit judge sustained a demurrer to the indictment, but upon what grounds is not stated. The allegations bring the case within the provisions of the act of last session, (JLcts, 1853-4,page 73.) The bet was that Kennedy would obtain one hundred votes at a certain precinct in Carter county, for.the office of clerk of that county.

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IWDICTMENT, Case 1. APPEAL PROM CARTER CIRCUIT. The -facts of the case are clearly stated in the opinion of the court. The" circuit judge sustained a demurrer to the indictment, but upon what grounds is not stated. The allegations bring the case within the provisions of the act of last session, (JLcts, 1853-4,page 73.) The bet was that Kennedy would obtain one hundred votes at a certain precinct in Carter county, for.the office of clerk of that county. It vims a bet upon the result of am election under the constitution and laws of the State of Kentucky, for which apenalty of $100 is given by…

1Opinion of the CourtChief Justice Marshall

This indictment charges Kennedy .with the offense of betting on an election, which it specifies by stating, that on the 7th of August, 1854, he did bet and wager $100 with Wm. K. Elliott, that he, Kennedy, would get and receive at the Little Fork precinct, in Carter county, one hundred votes for the office of clerk of the County Court of said county, for which .office he was then and there a candidate, at the election then and there held under the laws and constitution of Kentucky. It concludes against the peace and dignity of the commonwealth, without reference to the statute. And the…

2Cases cited1 opinion

  1. Commonwealth v. PashCourt of Appeals of Kentucky · 1839

3Cited by1 opinion

  1. Brand v. CommonwealthCourt of Appeals of Kentucky · 1901

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