Wilson v. Commonwealth

CLAY, Commissioner.

This is a habeas corpus proceeding. Petitioner was found guilty of a statutory misdemeanor under KRS 189.222 and 189.-990; was fined $500; and upon failure to pay it was placed in jail. Subsequently he petitioned the Grant County Court to be discharged upon his offer to surrender all of his property, not exempt from execution, to the Commonwealth of Kentucky under the insolvent debtor’s statute, KRS 426.400. A general demurrer to this petition was sustained. Thereupon petitioner brought this action.

Petitioner contends that under Section 18 of the Kentucky Constitution, if a…