City of Newport v. Holly
Court of Appeals of Kentucky
Case 87 — Warrant for Disorderly Conduct Under City Ordinance— Validity Thereof APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The city ordinance is valid. 2. The police court had jurisdiction.
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Case 87 — Warrant for Disorderly Conduct Under City Ordinance— Validity Thereof APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The city ordinance is valid. 2. The police court had jurisdiction. S. Where the punishment for violation of a city ordinance can not exceed a fine of $20, the accused can not legally demand a trial by jury. 4. The circuit court could properly consider only the validity of the “Disorderly Conduct” ordinance, and the legality of section 3530 of the Kentucky Statutes, and should have dismissed so much of the appeal for want of jurisdiction as stayed proceedings on the judgment…
1Opinion of the Court
Opinion of the court by
JU'DG-E HOBSON
Reversing.
Appellee was arrested upon two warrants issued from the police court of the city of Mt. Sterling, charging her with the offense of disorderly conduct committed in the city, and was fined five dollars in each case. She prosecuted an appeal to the. Montgomery Circuit Court, insisting that the by-law was void because unauthorized by the charter, and that she had been improperly denied trial by jury in the police court. The circuit court sustained *623her contention, and dismissed the warrants. From this judgment the city has appealed to this court.
The…
2Cases cited1 opinion
- Vermont v. ConlinSupreme Court of Vermont · 1855
3Cited by13 opinions
- Ditty v. HamptonCourt of Appeals of Kentucky (pre-1976) · 1973
- Stone v. City of PaducahCourt of Appeals of Kentucky · 1905
- Lewis v. CommonwealthSupreme Court of Virginia · 1945
- Garvin v. Mayor of WaynesboroCourt of Appeals of Georgia · 1915
- Schwartz v. BoswellCourt of Appeals of Kentucky · 1913
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