Legal Opinion
Commonwealth v. Rose
Court of Appeals of Kentucky
Decided January 19, 1900PublishedCited by 2 opinions
Case SO — INDICTMENT FOR PROMOTING A LOTTERY APPEAL FROM JEFFERSON CIRCUIT COURT, CRIMINAL DIVISION. The plea in bar is deficient technically. Rapalje’s Crim. P.rooed., 140; Hackheimer on Crimes, 183.
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
Appellee was indicted, for operating a lottery, in three counts, identical with indictment in the case of Commonwealth v. Rose (this day decided), this volume, p. 567, [54 S. W., 862]. A demurrer to the third paragraph was sustained.
Appellee filed plea of former jeopardy, as follows:
“The defendant pleads that he has been acquitted of the offense charged in the indictment by the judgment of this court rendered on the 13th day of March, 1899.”
The court, on demurrer, adjudged the plea sufficient, and ordered the indictment dismissed, and the…
2Cases cited1 opinion
- Commonwealth v. RoseCourt of Appeals of Kentucky · 1900
3Cited by2 opinions
- Newton v. CommonwealthCourt of Appeals of Kentucky · 1923
- Commonwealth v. CrowderCourt of Appeals of Kentucky · 1917