Legal Opinion

Commonwealth v. Mitchell

Court of Appeals of Kentucky

Decided December 10, 1867PublishedCited by 1 opinion

CASE 14 — INDICTMENT No. 2 — APPEAL FROM DAVIESS CIRCUIT COURT. cited— Rev. Stat., sec. 4, chap. 91, 2 Stant., 347.

1Opinion of the CourtChief Justice Peters

This is an indictment against appellee, as jailer of Daviess county, for failing to keep the jail clean and in a condition to promote the health and comfort of prisoners *40who might be confined therein from time to time; and a d'emurrer having been sustained to the indictment, the ■Commonwealth has appealed.

Whether or not the offense charged in the indictment is punishable at common law, we need not discuss, since the Legislature has provided an effectual remedy for such dereliction of duty in the jailer, which is so complete in itself that it must be regarded as the only mode for the…

2Cited by1 opinion

  1. Rager v. L. & W. R. R.Court of Appeals of Kentucky · 1910

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