Commonwealth v. Pate
Court of Appeals of Kentucky
Case 51 — INdictment Against S. A. Pate fob Becoming Interested in a Road Claim While Holding the Office of Road ( Supervisor. APPEAL FROM BRECKINRIDGE CIRCUIT COURT. Judgment Dismissing Indictment and Commonwealth Appeals. The defendant S. A. Pate was indicted in the Breckinridge Circuit Court, under section 4332, Ky. Stats., for becoming interested in road claims while acting -as Supervisor of Roads in Breckinridge county.
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Case 51 — INdictment Against S. A. Pate fob Becoming Interested in a Road Claim While Holding the Office of Road ( Supervisor. APPEAL FROM BRECKINRIDGE CIRCUIT COURT. Judgment Dismissing Indictment and Commonwealth Appeals. The defendant S. A. Pate was indicted in the Breckinridge Circuit Court, under section 4332, Ky. Stats., for becoming interested in road claims while acting -as Supervisor of Roads in Breckinridge county. Two questions are presented: 1. Is the indictment good on demurrer? 2. Should the defendant’s motion for a peremptory instruction have been sustained? Appellee demurred…
1Opinion of the Court
«"Opinion of the court, by.JUDGE O’REÁR
Reversing.
Appellee, S. A. Pate, was indicted under section 4332, Kentucky Statutes, which provides: “It shall be unlawful .for the county judge, any justice of the «peace, sheriff or tax collector,- county attorney, or supervisor or assistant ■•supervisor, or any overseer to become directly or indirectly interested in any .contract for working roads or building ■or repairing bridges; and it shall be unlawful for either of said officers or employes to buy or become interested in any road or bridge order or certificate, or any claim, ■growing out of such…
2Cited by2 opinions
- Osborne v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1944
- Commonwealth v. LaneCourt of Appeals of Kentucky · 1907