Commonwealth v. Barney
Court of Appeals of Kentucky
Case 57 — Indictment against Charles Babney for Fraudulently Converting the Property of Another' Without the Owner’s Consent. APPEAL FROM JEFFERSON CIRCUIT COURT," CRIMINAL DIVISION. Demurrer to Indictment Sustained and the Commonwealth Appeals.
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Case 57 — Indictment against Charles Babney for Fraudulently Converting the Property of Another' Without the Owner’s Consent. APPEAL FROM JEFFERSON CIRCUIT COURT," CRIMINAL DIVISION. Demurrer to Indictment Sustained and the Commonwealth Appeals. The act under which this indictment was found may be found on page 151, Acts 1902. A demurrer was sustained to the indictment on the ground that said act does not conform to the requirements of section 51 of the Constitution which requires the subject of the act to be expressed in its title. Manifestly, the object' of the Legislature in the passage…
1Opinion of the Court
*477Opinion op the court by
JUDGE O’RhJAR
Appirming.
This appeal involves the constitutionality of the act of March 21, 1902 (Laws 1902, p. 151, c. 66), fixing a penalty for one’s fraudulently converting or disposing of the property of another without the owner’s consent. It also involves the sufficiency of an indictment drawn under the act.
The proposition is arguéd that there is a variance between the title and the body of the act; that the title does not express the subject of the statute, and is therefore violative of section 51 of the Constitution, which provides that “no law enacted by the…
2Cases cited13 opinions
- Hadden v. CollectorSupreme Court of the United States · 1867
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Snapp v. CommonwealthCourt of Appeals of Kentucky · 1884
- Bradley v. PeopleSupreme Court of Colorado · 1885
- Clark v. CommonwealthCourt of Appeals of Kentucky · 1895
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3Cited by53 opinions
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- State v. PrinceNew Mexico Supreme Court · 1948
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- In Re the Appeal of the Sales Tax Refund Applications of Black Hills Power & Light Co.South Dakota Supreme Court · 1980
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