Legal Opinion

Louisville & N. R. R. v. Commonwealth

Court of Appeals of Kentucky

Decided February 5, 1902PublishedCited by 8 opinions

Case 72 — Action by the Commonwealth against the L. & N. R. R. Co. to Recover a Penalty for the Offense of Suffering Gaming. — APPEAL FROM TODD CIRCUIT, COURT. Judgment for Plaintiff and Defendant Appeals.

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Case 72 — Action by the Commonwealth against the L. & N. R. R. Co. to Recover a Penalty for the Offense of Suffering Gaming. — APPEAL FROM TODD CIRCUIT, COURT. Judgment for Plaintiff and Defendant Appeals. At the March term, 1900 of the Todd circuit court the Commonwealth recovered of the appellant $250 and costs in a penal action against it by the attorney for thei Commonwealth for the alleged offense of suffering gaming on one of its trainsv No indictment was returned by the grand jury, a petition or information merely being filed on which summons was issued, it being claimed by the…

1Opinion of the Court

Opinion op the court by

JUDGE HOBSON —

Reversing.

This was a penal action by the Commonwealth against the Louisville & Nashville Railroad fqr suffering gaming contrary to section 1978, Kentucky Statute. A judgment was rendered in the circuit court for the . sum of $200. The proceeding was.instituted under seefion 11 of the Criminal Code of Practice. The first question made on the appeal is that this provision of the Code is repealed by section 1141, Kentucky Statute. Sections 10 and 11 of the Criminal Code of Practice are as follows: “Offenses within the jurisdiction of a justice of the peace or…

2Cases cited8 opinions

  1. Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
  2. Commonwealth v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1882
  3. Commonwealth v. AveryCourt of Appeals of Kentucky · 1879
  4. Williamson v. CommonwealthCourt of Appeals of Kentucky · 1843
  5. Montee v. CommonwealthCourt of Appeals of Kentucky · 1830

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
  2. Commonwealth v. TrentCourt of Appeals of Kentucky · 1903
  3. American Express Co. v. CommonwealthCourt of Appeals of Kentucky · 1916
  4. Commonwealth v. Chattanooga Im'p. & M'f'g. Co.Court of Appeals of Kentucky · 1907
  5. Commonwealth v. PrallCourt of Appeals of Kentucky · 1912

3 more not listed; retrieve them via the Exa API.

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