Commonwealth v. Lane
Court of Appeals of Kentucky
CASE 82 — PROSECUTION AGAINST W. E. .LANE. A JUSTICE OF THE PEACE, FOR UNLAWFULLY WORKING HIS TEAMS ON PUBLIC ROAD FOR COMPENSATION. Appeal from McCracken Circnit Court. W. M. Reed, Circnit Judge. From a judgment finding the defendant not guilty the Commonwealth appeals.
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CASE 82 — PROSECUTION AGAINST W. E. .LANE. A JUSTICE OF THE PEACE, FOR UNLAWFULLY WORKING HIS TEAMS ON PUBLIC ROAD FOR COMPENSATION. Appeal from McCracken Circnit Court. W. M. Reed, Circnit Judge. From a judgment finding the defendant not guilty the Commonwealth appeals. POINTS AND AUTHORITIES. 1. The inhibition of the law is against a justice of' the peace becoming interested, directly or indirectly, in any contract for work to be done, or material to be furnished upon the public roads of the county. 2. The question here is .not one between a member of the fiscal court and an independent…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Reversing.
W. E. Lane was indicted in the McCracken circuit court, charged with unlawfully working upon the public roads of McCracken county while holding the office of justice of the peace for the fifth magisterial district. The indictment charges that, while holding such office, and being, by virtue thereof a member of the fiscal court, he worked in person, and also furnished teams to be used in working, upon the public roads, receiving for his own labor $2 per day and $3 per day for each of his teams; that he was paid out of the treasury of McCracken…
2Cases cited2 opinions
- Boyd County v. ArthurCourt of Appeals of Kentucky · 1904
- Commonwealth v. PateCourt of Appeals of Kentucky · 1901
3Cited by2 opinions
- Hertel Electric Company v. GabrielMissouri Court of Appeals · 1956
- Commonwealth v. SteppCourt of Appeals of Kentucky · 1922