Commonwealth v. Smith
Court of Appeals of Kentucky
Oases 4-7—INDICTMENTS FOR, MISDEMEANORS— APPEALS FROM MERCER CIRCUIT COURT. CITED 9 Mass. 107, Commonwealth v. Smith. 3 Wend. 314, People v. Jewett. 5 Halstead, 83, State v. Rickey. 2 Porter, 100, Boyington v. State. 1 Wharton’s Am.
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Oases 4-7—INDICTMENTS FOR, MISDEMEANORS— APPEALS FROM MERCER CIRCUIT COURT. CITED 9 Mass. 107, Commonwealth v. Smith. 3 Wend. 314, People v. Jewett. 5 Halstead, 83, State v. Rickey. 2 Porter, 100, Boyington v. State. 1 Wharton’s Am. Crim, Law, sec. 472. 2 Marsh. 23. 6 Bush, 430. 1 Marsh, 212. 3 Marsh. 330. Criminal Code, section 159. CITED Criminal Code, sections 158, 187. Bouvier’s Law Dictionary, “ Housekeeper.”- 2 United States Digest, page 534. 2 Southard, 539, Nichols v. State. 6 Md. 400, Cochrane v. State. 1 Barn., &c., 178. 3 Petersdorff, 103. 2 Term, 406. General Statutes, 571. 38…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
These cases all involve the same question, were heard together, and will be disposed of in a single opinion.
The appellees were indicted in the Mercer Circuit Court for violations of a penal statute, and on their motions the court set aside the indictments and the commonwealth has appealed. The sole ground upon which the indictments were •set aside was that one of the members of the grand jury by which they were found was not a housekeeper.
Section 1 of article 1 of chapter 55 of the Revised Statutes provides “ that no person shall be qualified to…
2Cases cited3 opinions
- State v. ClarissaSupreme Court of Alabama · 1847
- State v. MiddletonSupreme Court of Alabama · 1837
- State v. LigonSupreme Court of Alabama · 1838
3Cited by8 opinions
- Sutton v. CommonwealthCourt of Appeals of Kentucky · 1895
- Lee v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
- Richardson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940
- Haggard v. CommonwealthCourt of Appeals of Kentucky · 1881
- Shaw v. United StatesCourt of Appeals for the Sixth Circuit · 1910
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