Legal Opinion

Commonwealth v. McClelland

Court of Appeals of Kentucky

Decided March 11, 1886PublishedCited by 12 opinions

Case 95 — INDICTMENT— APPEAL PROM JEPPERSON CIRCUIT COURT. 1. It is competent to the Legislature to provide machinery for the ascertainment of the constitutional qualifications of electors on a. day or days anterior to the election day. (Cooley’s Const. Limit., page 601; 12 Pick., 491; Page v. Allen, 58 Pa. St., 344; Patterson v. Barlow, 60 Pa.

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Case 95 — INDICTMENT— APPEAL PROM JEPPERSON CIRCUIT COURT. 1. It is competent to the Legislature to provide machinery for the ascertainment of the constitutional qualifications of electors on a. day or days anterior to the election day. (Cooley’s Const. Limit., page 601; 12 Pick., 491; Page v. Allen, 58 Pa. St., 344; Patterson v. Barlow, 60 Pa. St., 75; Dills v. Kennedy, 49 Wis., 558; Clarke v. Robinson, 88 111., 504; Edmunds v. Banbury, 28 Iowa, 271; People v. Kopple, 16 Mich., 344; Daggett v. Hudson, 3 N. E. Reporter, page 538.) 2. Such a law applicable alone to the city of Louisville does…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

Appellee was indicted for the crime of perjury, charged to have been committed by him in willfully and corruptly making a false statement on oath administered under an act of the General Assembly, entitled “An act to provide for registration of voters *689In the city of Louisville,” approved April 23, 1884. But a demurrer to the indictment having been sustained, the Commonwealth prosecutes this appeal, which requires a decision as to the constitutionality ■of the act as well as the sufficiency of the indictment under it.

In considering the first…

2Cited by12 opinions

  1. City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
  2. Ladd v. HolmesOregon Supreme Court · 1901
  3. Scholl v. BellCourt of Appeals of Kentucky · 1907
  4. Attorney General ex rel. Conely v. Common CouncilMichigan Supreme Court · 1889
  5. Morris v. PowellIndiana Supreme Court · 1890

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