Clark v. Commonwealth
Court of Appeals of Kentucky
Case 3 — INDICTMENT APPEAL FROM KENTON CRIMINAL COURT. 1. A motion in arrest of judgment should be sustained when the facts stated do not constitute the offense charged in the indictment. Under the statute against erecting and continuing a fence in a public road, appellants- were indicted for erecting and continuing a fence in a street in West Covington. The indictment is insufficient.
Read the full summary
Case 3 — INDICTMENT APPEAL FROM KENTON CRIMINAL COURT. 1. A motion in arrest of judgment should be sustained when the facts stated do not constitute the offense charged in the indictment. Under the statute against erecting and continuing a fence in a public road, appellants- were indicted for erecting and continuing a fence in a street in West Covington. The indictment is insufficient. (Criminal Code, sec. 276; Myers’s Code, secs. 121, 123, 125, 128; Gen. Stat., sec. 41, art. 1, chap. 94; Acts 1857-8, vol. 2, p. 270; Commonwealth v. Walters, 6 Dana, 291; Tully v. Commonwealth, 11 Bush, 160.)…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion of the-court.
The indictment charges the appellants with having erected and continued a fence across a part of David Street, in West Covington, for three hundred and sixty days.
The indictment is intended to punish the offense defined by section 41 of chapter 94 of the General Statutes, which provides that “when a fence shall be erected in or across a public road, the person erecting, or causing to be erected, such fence, shall pay a fine of $1 for every twenty-four hours the fence shall continue in or across the road.”
The jury found the defendants guilty, and…
2Cases cited2 opinions
- Common Council v. CroasIndiana Supreme Court · 1855
- City of Lafayette v. JennersIndiana Supreme Court · 1858
3Cited by9 opinions
- Montgomery v. Santa Ana Westminster Railway Co.California Supreme Court · 1894
- Huddleston v. City of EugeneOregon Supreme Court · 1899
- Heiple v. City of East PortLandOregon Supreme Court · 1885
- Gray v. StateCourt of Appeals of Georgia · 1913
- B. & H. Transportation Co. v. JohnsonCalifornia Court of Appeal · 1932
4 more not listed; retrieve them via the Exa API.