Commonwealth v. Wombles

MOREMEN, Judge.

Appellants, Commonwealth of Kentucky, individually, and ex relatione of its Department of Conservation, Division of Strip Mining and Reclamation, instituted suit under section 11 of the Criminal Code of Practice (see Commonwealth v. Sherman, 85 Ky. 686, 4 S.W. 790) to recover fines and sums alleged to be due from the appellees, James and Henry Wombles, Old Kentuck Coal Company and Delta Mining Company, Inc., resulting from violations of the provisions of Chapter 350 of the Kentucky Revised Statutes, relating to strip mining of commercial coal.

The Commonwealth sought judgment…