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…
1Dissent
Dissenting opinion by Chief Justice Paynter in which Judge White concurs:
The. law required Claude Chinn, clerk of the Fayette County Court, to make a report-of public money coming to his hands to the Fayette Circuit Court, over which Judge Watts Parker presides. On June 4, 1900, he made a report showing, the amount he had collected from March 1 to June 1,1900, in which he credited himself with $5,868.81, “amounts paid by monthly remittances to auditor.” He admitted in his testimony that he had not remitted any part of that sum to the auditor, that it was due the State at that time, and that…
2Cases cited1 opinion
- Ring v. GrayCourt of Appeals of Kentucky · 1846