Commonwealth v. Bush
Court of Appeals of Kentucky
CASE 42 — PROSECUTION AGAINST P. H. BUSH' FOR USURPATION OF OFFICE. Appeal from Livingston Circuit Court. Demurrer to indictment sustained, and Commonwealth. appeals. CONCLUSION. We agree with the able counsel for appellee, that the amount of tax collected by the appellee as ex-sheriff of Livingston county was very small.
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CASE 42 — PROSECUTION AGAINST P. H. BUSH' FOR USURPATION OF OFFICE. Appeal from Livingston Circuit Court. Demurrer to indictment sustained, and Commonwealth. appeals. CONCLUSION. We agree with the able counsel for appellee, that the amount of tax collected by the appellee as ex-sheriff of Livingston county was very small. But does the smallness of the amount lessen the offense, which is prescribed by a misdemeanor statute passed by the General Assembly and made the law of the court. It makes no difference if the tax collected had been but one cent, if he was acting in the fact of section 1364…
1Opinion of the Court
Opinion op the Couet by
Judge O ’Rear
Affirming.
Appellee was indicted by tbe grand jury of Livingston county, charged with usurpation of office. The indictment runs in this language: “The grand jurors of the county of Livingston, in the name and by the authority of the Commonwealth of Kentucky, accuse P. H. Bush of the offense of knowingly holding and pretending to exercise the office of sheriff of Livingston county, Kentucky, after his term of office had legally expired, committed in manner and form as follows, to-wit: The said P. H. Bush, in the said county of Livingston, on the 1st day of…
2Cases cited11 opinions
- Ellison v. . ColemanSupreme Court of North Carolina · 1882
- Commonwealth v. GambleSupreme Court of Pennsylvania · 1869
- In re GunnSupreme Court of Kansas · 1893
- McCahon v. Comm'rs of Leavenworth Co.Supreme Court of Kansas · 1871
- Neeley v. McCollumCourt of Appeals of Kentucky · 1899
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3Cited by18 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- City of Lexington v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1933
- Curtin v. State of CaliforniaCalifornia Court of Appeal · 1923
- Schmitt v. DoolingCourt of Appeals of Kentucky · 1911
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
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