Commonwealth v. Chinn
Court of Appeals of Kentucky
Case 60 — Proceeding by the Commonwealth Against Claude Chinn to Remove Him from His Office as Clerk of the Fayette County Court. Judgment- Acquitting the Defendant of the Charges Preferred Against Him and Refusing to Remove Him from Hts Office.
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Case 60 — Proceeding by the Commonwealth Against Claude Chinn to Remove Him from His Office as Clerk of the Fayette County Court. Judgment- Acquitting the Defendant of the Charges Preferred Against Him and Refusing to Remove Him from Hts Office. The ground of the general demurrer to the first count in the information, is, that no forfeiture of an office prescribed by a statute can take effect until there has been a conviction before a jury upon an indictment; and if such is the law applicable to such cases, then there is no necessity of proceeding by way of information before the Court of…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
Acquitting the defendant.
This is a proceeding- to remove tbe defendant, Claude Chinn, from the office of clerk of the Fayette County Court. The application is made to this court under section 124 of the Constitution, and in conformity with the provisions of sections 442-450, inclusive, of the Criminal Code. Section 442 of the- Criminal Code provides: “'That clerks of the court of appeals, and clerks of circuit, county, and police and city courts, may be removed from office by the court of appeals, upon a written information signed and presented in said court…
2Cases cited3 opinions
- Commonwealth v. ArnoldCourt of Appeals of Kentucky · 1823
- Commonwealth v. RodesCourt of Appeals of Kentucky · 1833
- Commonwealth v. BarryCourt of Appeals of Kentucky · 1807
3Cited by5 opinions
- Sewell v. BennettCourt of Appeals of Kentucky · 1920
- Commonwealth v. WoodCourt of Appeals of Kentucky · 1903
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1902
- Commonwealth Ex Rel. Attorney General v. HowardCourt of Appeals of Kentucky (pre-1976) · 1944
- Commonwealth Ex Rel. Atty. Gen. v. FursteCourt of Appeals of Kentucky (pre-1976) · 1941