Legal Opinion

Taylor v. Commonwealth

Court of Appeals of Kentucky

Decided June 28, 1864PublishedCited by 2 opinions

CASE 4 — INDICTMENT cited Grim. Code, sec. 123; Wharton's Am. Gr. L., 804; 1 Archb. Grim. Prac., 5, 276; 2 Rev. Stat., 812; 2 B. M., 417; 3 Dana, 70. cited Grim. Code, sec., 349.

1Opinion of the CourtChief Justice Duvall

This was an indictment against Taylor for “ suffering and permitting a disorderly house to be kept upon his plantation.” The defendant was found guilty of the offense, and, by the verdict and judgment, subjected to a fine of $135. The motion of the defendant for a new trial, and also in arrest of judgment, having been overruled, he has appealed.

The ground mainly relied on for reversal, and the only point we shall consider, is, that the facts stated in the indictment do not constitute a public offense, and that, therefore, the court erred in refusing to arrest the judgment.

It is well settled,…

2Cases cited2 opinions

  1. Frederick v. CommonwealthCourt of Appeals of Kentucky · 1843
  2. Ross v. CommonwealthCourt of Appeals of Kentucky · 1842

3Cited by2 opinions

  1. State v. Railroad Co.Supreme Court of Arkansas · 1891
  2. In re BoggsU.S. Circuit Court for the District of Kentucky · 1891

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