Commonwealth v. Rowe
Court of Appeals of Kentucky
Case 51 — Indictment for Malfeasance in Office — APPEAL FROM DAVIESS CIRCUIT COURT. Judgment Dismissing Indictment on Demurrer and Commonwealth 'Appeals. The appellee, J. Edwin Rowe, who is the Commonwealth’s attorney for the Sixth Judicial District of Ky., was indicted at the April term, 1901, of ithe Daviess circuit court, for the common law offense of malfeasance .in office.
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Case 51 — Indictment for Malfeasance in Office — APPEAL FROM DAVIESS CIRCUIT COURT. Judgment Dismissing Indictment on Demurrer and Commonwealth 'Appeals. The appellee, J. Edwin Rowe, who is the Commonwealth’s attorney for the Sixth Judicial District of Ky., was indicted at the April term, 1901, of ithe Daviess circuit court, for the common law offense of malfeasance .in office. At the August term, 1901, of said court a demurrer was sustained to the indictment by Special Judge J. R. Hays, on the ground that a Commonwealth’s attorney is exempt from punishment for malfeasance in .office by…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON —
Reversing.
Appellee was indicted in the Daviess circuit court for malfeasance in office. The court sustained a demurrer to-the .indictment and the Commonwealth has appealed.
It was charged in the indictment that appellee, while Commonwealth’s attorney for the Sixth judicial district, corruptly entered into an arrangement with William Powell and Forrest Hiter, who were indicted in the Daviess circuit court for the offense of suffering1, gaming on their premises, by which they paid him $50, and he, in consideration of that sum, agreed to dismiss and did…
2Cases cited1 opinion
- State v. WilkinsonSupreme Court of Vermont · 1829
3Cited by8 opinions
- St. Louis-San Francisco Railway Co. v. MillsSupreme Court of the United States · 1926
- Commonwealth Ex Rel. Pike County Bar Ass'n v. StumpCourt of Appeals of Kentucky (pre-1976) · 1933
- State v. JeffersonSupreme Court of New Jersey · 1917
- Donta v. CommonwealthCourt of Appeals of Kentucky · 1993
- Wilbur v. HowardDistrict Court, E.D. Kentucky · 1947
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