Applegate v. Commonwealth
Court of Appeals of Kentucky
Error to the Jefferson Circuit. Sci- F& Case 4. Caso stated. A Sci. fa. on a recognizance to keep the peace mast conclude, “ against the peace and dignity of the Commonwealth of Kentucky,’' and the omission is fatal on demurwr. —It is a criminal proceeding as sontra diatinguislied fion* civil, within the meaning of the constitution of ICntueky.
1Opinion of the Court
Judge Breou
delivered the opinion of the Court.
This was & scire facias upon a recognizance entered into by West, with Applegate as his surety, in the Jefferson Circuit Court, in the sum of three hundred dollars, conditioned that West should keep the peace and be of good behavior for twelve months.
The scire facias avers that West had violated the condition of the recognizance by committing an assault and battery upon one Alexander S. Fowler, within the period therein named. The defendants filed a demurrer and plea of not guilty. The demurrer was overruled and a x’erdict and judgment rendered…
2Cited by1 opinion
- Stone v. City of PaducahCourt of Appeals of Kentucky · 1905