Diamond v. Commonwealth
Court of Appeals of Kentucky
CASE 52. — PROSECUTION AGAINST JQHN DIAMOND FOR STEALING CHICKENS OF THE VALUE OF MORE THAN $2.00. Appeal from Garrard Circuit Court. W. O. Bell, Circuit Judge. Defendant convicted and appeals. We submit: The plain subject of the act is crime. The object is to prevent crime and to fix a punishment therefor. Thie subject and object of the act are both expressed in the title, and therefore cannot be in conflict of section 51 of the Constitution.
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CASE 52. — PROSECUTION AGAINST JQHN DIAMOND FOR STEALING CHICKENS OF THE VALUE OF MORE THAN $2.00. Appeal from Garrard Circuit Court. W. O. Bell, Circuit Judge. Defendant convicted and appeals. We submit: The plain subject of the act is crime. The object is to prevent crime and to fix a punishment therefor. Thie subject and object of the act are both expressed in the title, and therefore cannot be in conflict of section 51 of the Constitution. (Acts 1904, page 83; Heyser v. Commonwealth, 25 Ky. Law Rep., 608; Conley v. Commonwealth, 98 Ky., 125; Weber v. Commonwealth, 24 Ky. Law Rep., 1727.)
1Opinion of the Court
Opinion op the Court by
Cheep Justice O’Rear—
Affirming.
Appellant was indicted and convicted of a felony, charged' with stealing chickens of the value of more than $2. The indictment was returned under the act of the General Assembly approved March 17, 1904, as follows:
“An act to regulate crime and fix the punishment . therefor.
“Be it enacted by the General Assembly of the Commonwealth of Kentucky:
“1. If any person shall steal chickens, turkeys, ducks, or other fowls of the value of $2 or more, he shall be confined in the penitentiary not less than one nor more than five years.”
Acts 1904, p.…
2Cited by6 opinions
- Williams v. WeddingCourt of Appeals of Kentucky · 1915
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1917
- City of Louisville v. CoulterCourt of Appeals of Kentucky · 1917
- Graham v. JewellCourt of Appeals of Kentucky · 1924
- Bosworth v. State UniversityCourt of Appeals of Kentucky · 1915
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