Rice v. Commonwealth
Court of Appeals of Kentucky
CASE 6 — EECOGNIZANOE— APPEAL PEON BATH CIRCUIT COURT. CITED— Criminal Code, secs, 47, 23, 24, 25, 26, 48, 49. Session Acts, 1849-50, page 477. Ren, Stat., sec. 12, art. 1, chap. 91, 2 Stant., 342. 3 Duvall, 437 ; Moore vs. Hagan. Rev. Stat., sec. 13, chap. 71, 2 Stant., 192. Rev. Slat., sec. 11, chap. 71, 2 Stant., 191. 1 Bush, 176; Tompert vs. Lithgow. CITED— Rev. Stat., 1 Stant., sec. 12,page 342. 2 Duvall, 437; Moore vs. Hagan ; 5 IAitell, 199.
1Opinion of the Court
JUDGE WILLIAMS
delivered the opinion or the court:
This is a judgment on a forfeited recognizance, executed on Sunday, before the police judge of Owingsville, who had issued the warrant, to appear on a future day for a preliminary trial.
It is urged in error that the bond was invalid, because the police judge could not take it; and if he could, then not on Sunday, and also because the police judge, though regularly' commissioned and acting as such, had been qualified before a notary public, who had no legal authority to administer official oaths.
The charge in the warrant was for “ striking with…
2Cases cited2 opinions
- Rodman v. HarcourtCourt of Appeals of Kentucky · 1843
- Tharp v. CommonwealthCourt of Appeals of Kentucky · 1861
3Cited by15 opinions
- Weatherford v. StateCourt of Criminal Appeals of Texas · 1893
- Pence v. City of FrankfortCourt of Appeals of Kentucky · 1897
- Coquillard Wagon Works v. MeltonCourt of Appeals of Kentucky · 1910
- Reuter v. Meacham Contracting Co.Court of Appeals of Kentucky · 1911
- Johnson v. SandersCourt of Appeals of Kentucky · 1909
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