Legal Opinion

Ehrlich v. Commonwealth

Court of Appeals of Kentucky

Decided January 29, 1909PublishedCited by 6 opinions

CASE 69. — PROSECUTION AGAINST GEORGE EHRLICH FOR MAINTAINING A COMMON NUISANCE. Appeal from Campbell Circuit Court. C. W. Yungblut, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. The requirements of the Criminal Code of Practice that the Clerk or Commonwealth Attorney shall read the indictment to 'the jury, and state to the jury the defendant’s plea is mandatory. (Hendrickson v. Comth., 84 S. W. 954; Galloway v. Comth. 4 Ky.

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CASE 69. — PROSECUTION AGAINST GEORGE EHRLICH FOR MAINTAINING A COMMON NUISANCE. Appeal from Campbell Circuit Court. C. W. Yungblut, Circuit Judge. Defendant convicted and appeals. POINTS AND AUTHORITIES. 1. The requirements of the Criminal Code of Practice that the Clerk or Commonwealth Attorney shall read the indictment to 'the jury, and state to the jury the defendant’s plea is mandatory. (Hendrickson v. Comth., 84 S. W. 954; Galloway v. Comth. 4 Ky. Law Rep. 720; Parris v. Comth, 111 Ky. 236; Criminal Code, sec. 219. 2. The court erred in overruling the demurrer of the defendant to the…

1Opinion of the Court

*683Opinion op the Oourt by

Judge Barker

Reversing.

The appellant, George Ehrlich, was indicted by the grand jury oí Campbell county, charged with the offense of maintaining a common nuisance in a room or house owned and controlled by him, located on the east side of the Alexandria pike south of the corporation line of Newport. The nuisance complained of was the operation of a poolroom at the place designated in the indictment. The defendant moved to quash this indictment because of certain named irregularities in the formation of the panel. This motion was overruled. To the indictment a general…

2Cases cited3 opinions

  1. Cawein v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. Milburn Wagon Co. v. CommonwealthCourt of Appeals of Kentucky · 1907
  3. Downs v. CommonwealthCourt of Appeals of Kentucky · 1892

3Cited by6 opinions

  1. Veal v. CommonwealthCourt of Appeals of Kentucky · 1915
  2. Mullins v. CommonwealthCourt of Appeals of Kentucky · 1922
  3. Talbott v. CommonwealthCourt of Appeals of Kentucky · 1925
  4. Moore v. CommonwealthCourt of Appeals of Kentucky · 1924
  5. Butcher v. CommonwealthCourt of Appeals of Kentucky · 1955

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