Commonwealth v. Sizemore

CULLEN, Commissioner.

A prosecution was instituted in the Fay-ette Circuit Court against Jimmie Sizemore and Steve Sizemore, charging them with operating a coal mine in Clay County, Kentucky, without a license, in violation of KRS 351.175. That statute expressly provides : “Jurisdiction for such offenses shall lie in the Fayette Circuit Court.” It was the opinion of the judge of the criminal division of the Fayette Circuit Court, however, that the statute could not validly vest “jurisdiction” in the Fayette Circuit Court over a criminal offense committed in Clay County, in view of the right…