Legal Opinion

Commonwealth v. Wood

Court of Appeals of Kentucky

Decided November 18, 1903PublishedCited by 13 opinions

Case 82 — Indictment against W. R. Wood for Malfeasance in Office as County Clerk for Unlawfully Issuing Liquor License. APPEAL FROM TODD CIRCUIT COURT. Judgment Sustaining Demurrer to Indictment and Commonwealth Appeals.

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Case 82 — Indictment against W. R. Wood for Malfeasance in Office as County Clerk for Unlawfully Issuing Liquor License. APPEAL FROM TODD CIRCUIT COURT. Judgment Sustaining Demurrer to Indictment and Commonwealth Appeals. Appellee was indicted as clerk of the Todd County Court for unlawfully issuing a license to Cyrus Greenfield to retail spirituous liquors in the town of Trenton in said county after a certificate had been filed in his oifice by the canvassing board of said town certifying that the local option law had been adopted in said town. We contend that the appellee having this…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Affirming.

Appellee' was indicted by tbe grand jury of Todd county for malfeasance in office. It is charged that he, as county court clerk of Todd county, “willfully and unlawfully” issued a liquor license to one Greenfield to sell liquor by retail in the town of Trenton, when previously tjhat town had, at an election regularly held, voted in favor of the local option law, and that the result of the vote, duly certified, was of record in his office. The only question presented that we have felt called upon to decide or consider is the sufficiency of the…

2Cases cited5 opinions

  1. Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
  2. Commonwealth v. ArnoldCourt of Appeals of Kentucky · 1823
  3. Commonwealth v. ChinnCourt of Appeals of Kentucky · 1901
  4. Lynch v. CommonwealthCourt of Appeals of Kentucky · 1903
  5. Commonwealth v. RodesCourt of Appeals of Kentucky · 1845

3Cited by13 opinions

  1. United States v. AnzelmoDistrict Court, E.D. Louisiana · 1970
  2. Cargile v. StateSupreme Court of Georgia · 1942
  3. State v. WinneNew Jersey Superior Court Appellate Division · 1952
  4. National Surety Co. v. State Ex Rel. RathburnIndiana Court of Appeals · 1928
  5. Cargile v. StateCourt of Appeals of Georgia · 1942

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