Legal Opinion

Lowe v. Commonwealth

Court of Appeals of Kentucky

Decided October 2, 1908PublishedCited by 6 opinions

CASE 63. — PROCEEDINGS AGAINST RICHARD LOWE AND' OTHERS TO REQUIRE THEM TO GIVE BONDS TO KEEP THE PEACE. — October 2. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge.

Read the full summary

CASE 63. — PROCEEDINGS AGAINST RICHARD LOWE AND' OTHERS TO REQUIRE THEM TO GIVE BONDS TO KEEP THE PEACE. — October 2. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. From the judgment requiring defendants to give peace bonds they appeal — The contention of appellants is, that when the magistrate issued the warrant against the accused, the circuit court had no jurisdiction to try the parties upon that warrant, or at all, but that they must first be tried on the warrant .before the magistrate and then before the circuit court as authorized by section 385 of the Code. CITATIONS. Sec.…

1Opinion of the Court

Opinion op the Court by

Judge Lassing —

Dismissing appeal.

Appellant and nine others were arrested on a warrant, which was issued by a justice of the peace of Bell county, charged with having threatened to do violence to certain persons in the employ of the Wall send Coal & Coke Company and to destroy the property of said company. Circuit court being in session, the officer making the arrest, instead of returning the warrant to the magistrate who issued it, delivered it and the prisoners to the judge of the circuit court. Appellant and his associates objected to the *567jurisdiction of the court,…

2Cases cited4 opinions

  1. State v. . LyonSupreme Court of North Carolina · 1885
  2. State v. . Locust and PearsonSupreme Court of North Carolina · 1869
  3. State ex rel. Long v. LongIndiana Supreme Court · 1862
  4. Commonwealth v. OldhamCourt of Appeals of Kentucky · 1833

3Cited by6 opinions

  1. Deskins v. ChildersCourt of Appeals of Kentucky · 1922
  2. Herz v. HamiltonSupreme Court of Iowa · 1924
  3. Bowles v. ManningCourt of Appeals of Kentucky · 1922
  4. Waggoner v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
  5. Commonwealth v. VoilsCourt of Appeals of Kentucky (pre-1976) · 1931

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API