Commonwealth v. Williams
Court of Appeals of Kentucky
Case 9 — INDICTMENT APPEAL FE03I GRAVES CIRCUIT COURT. 1. The state of intoxication intended by the “Act to prevent intoxication of county officers in this Commonwealth,” approved April 9,, 1878, is drunkenness to such a degree as to incapacitate the officer from doing his official business. 2. County judges may be removed from office for malfeasance or misfeasance in office or willful neglect of official duty. (Constitution, art. 4, sec. 36; Cooley’s Const.
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Case 9 — INDICTMENT APPEAL FE03I GRAVES CIRCUIT COURT. 1. The state of intoxication intended by the “Act to prevent intoxication of county officers in this Commonwealth,” approved April 9,, 1878, is drunkenness to such a degree as to incapacitate the officer from doing his official business. 2. County judges may be removed from office for malfeasance or misfeasance in office or willful neglect of official duty. (Constitution, art. 4, sec. 36; Cooley’s Const. Lira., 64; Lowe v. Commonwealth, 3 Met., 241; Brown v. Grover, 6 Bush, 1.) 3. Misfeasance is the performance of an act which might…
1Opinion of the CourtChief Justice Cofer
The appellee was indicted in the Graves circuit court for the offense of misfeasance in office, alleged to have been: committed in manner and form as follows:
“The said R. H. Williams, on the 27th day of October, 1879, in the county aforesaid, he being judge of the county court of Graves county, duly elected and qualified as such judge, . . . was, while engaged in the performance of official duties as such judge, found to be in a state of intoxication from the use of spirituous, vinous, or malt liquors;, and particularly was said Judge R. H. Williams in a state of intoxication while engaged in…
2Cases cited2 opinions
- Lowe v. CommonwealthCourt of Appeals of Kentucky · 1860
- Brown v. GroverCourt of Appeals of Kentucky · 1869
3Cited by20 opinions
- People v. ShawyerWyoming Supreme Court · 1924
- State ex rel. Thompson v. MortonWest Virginia Supreme Court · 1954
- Ex parte ArnoldSupreme Court of Missouri · 1895
- Laverty v. CochranNebraska Supreme Court · 1936
- Holliday v. Fields, GovernorCourt of Appeals of Kentucky (pre-1976) · 1925
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