Commonwealth v. Riley
Court of Appeals of Kentucky
Case 7 — INDICTMENT— APPEAL PROM GREENUP CIRCUIT COURT. 1. The indictment for “keeping a tippling-house,” by keeping a tippling-house, did not state the acts constituting the offense as required by the Criminal Code, sections 122, 123, 124, and section 3, page 364, General Statutes; see also Stowers v. Commonwealth, 12 Bush, 342; Foster v. Commonwealth, 12 Bush, 374; Commonwealth v. White, 18 B. Mon. 492. 1. The indictment in this case must be under section 3 or section 5,…
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Case 7 — INDICTMENT— APPEAL PROM GREENUP CIRCUIT COURT. 1. The indictment for “keeping a tippling-house,” by keeping a tippling-house, did not state the acts constituting the offense as required by the Criminal Code, sections 122, 123, 124, and section 3, page 364, General Statutes; see also Stowers v. Commonwealth, 12 Bush, 342; Foster v. Commonwealth, 12 Bush, 374; Commonwealth v. White, 18 B. Mon. 492. 1. The indictment in this case must be under section 3 or section 5, article 35, chapter 29, General Statutes, and is not good under either of said sections. It does not contain “a statement…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion oe the court.
The appellee Riley was indicted in the Criminal Court of Greenup County on a charge of having kept a tippling-house.
After citation the' defendant appéared and filed his demurrer to the indictment, which was sustained, and the indictment dismissed, and from that judgment the Commonwealth has appealed.
There can be no question but that by the provisions of the Criminal Code, and especially section 112 thereof, the acts constituting the offense of the accused must be stated in ordinary and concise language. And this provision applies to every…
2Cases cited3 opinions
- Morrison v. CommonwealthCourt of Appeals of Kentucky · 1838
- Commonwealth v. HarveyCourt of Appeals of Kentucky · 1853
- Commonwealth v. TurnerCourt of Appeals of Kentucky · 1843
3Cited by3 opinions
- State v. EricksonNorth Dakota Supreme Court · 1905
- Territory v. Ah CheongHawaii Supreme Court · 1912
- White v. City of CalhounCourt of Appeals of Kentucky · 1912