Commonwealth v. Herald Pub. Co.
Court of Appeals of Kentucky
CASE 44. — PROSECUTION AGAINST THE HERALD PUBLISHING CO., THE LOUISVILLE TIMES CO., AND THE EVENING POST GO. FOR SELLING OBSCENE NEWSPAPERS. — Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. These cases consolidated on appeal; Defendants acquitted, Commonwealth appeals — POINTS AND AUTHORITIES CITED.
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CASE 44. — PROSECUTION AGAINST THE HERALD PUBLISHING CO., THE LOUISVILLE TIMES CO., AND THE EVENING POST GO. FOR SELLING OBSCENE NEWSPAPERS. — Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. These cases consolidated on appeal; Defendants acquitted, Commonwealth appeals — POINTS AND AUTHORITIES CITED. I. In an indictment against a corporation for an act that is equally unlawful whether eommittéd by a corporation or a natural person, it is not necessary to allege corporate existence, but sufficient t'o charge defendant by name. (Halbert v. Skyles, 1 A. K. Mar., 368; Commercial…
1Opinion of the Court
Opinion op the Court by
Judge CarrolL
Affirming.
These three appeals, involving the same question of law, will be heard together. The appellees, publishers of newspapers in the city of Louisville, were indicted for printing in their respective newspapers parts of the testimony in the notorious .Thaw trial which was in progress in New York at the time. In each of the indictments the charge was that the.publishing company was g-uilty of the offense of ‘ ‘ selling, and offering for sale and distribution an obscene, lewd, filthy, indecent, and disgusting newspaper, and printed matter of an indecent…
2Cases cited4 opinions
- Sams v. Sams' AdministratorCourt of Appeals of Kentucky · 1887
- Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
- Bird v. Board of CommissionersCourt of Appeals of Kentucky · 1893
- Davis v. City of LebanonCourt of Appeals of Kentucky · 1900
3Cited by25 opinions
- Norville v. State Tax CommissionUtah Supreme Court · 1940
- Cole v. DorrSupreme Court of Kansas · 1909
- Bowman v. HamlettCourt of Appeals of Kentucky · 1914
- Commonwealth v. GoldburgCourt of Appeals of Kentucky · 1915
- Folks v. Barren CountyCourt of Appeals of Kentucky · 1950
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