Wayman v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT— APPEAL PROM KENTON CRIMINAL COURT. 1. The indictment was insufficient — it charged that the defendant “usurped” without any specification of the facts or circumstances constituting the criminal act. (Con. of Ky. art. 13, sec. 12; Crim.
Read the full summary
Case 7 — INDICTMENT— APPEAL PROM KENTON CRIMINAL COURT. 1. The indictment was insufficient — it charged that the defendant “usurped” without any specification of the facts or circumstances constituting the criminal act. (Con. of Ky. art. 13, sec. 12; Crim. Code, 1877, secs. 122, 123, 124; Commonwealth v. Adams, 3 Met. 7; Ward v. Commonwealth, MS. opinion, Oct. 16, 1878; Davis v. Commonwealth, 13 Bush, 320; Conner v. Commonwealth, 13 Bush, 721; Herine v. Commonwealth, 13 Bush, 295; Commonwealth v. Williams, 13 Bush, 267; Stowers v. Commonwealth, 12 Bush, 343.) 2. The indictment fails to charge…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
The appellant having been indicted, convicted, and fined $500 for usurping the office of judge of the election at the third-ward polls in the city of Covington, at the general election held August 5, 1878, prosecutes this appeal to reverse that judgment;
He demurred to the indictment, and moved in [arrest of judgment; and the first • question is, whether the indictment was sufficient.
It accuses him of the offense of usurping an office, committed as follows: “The said Martin D. Wayman, on the 5th day of August, 1878, in the county and state…
2Cited by4 opinions
- Commonwealth v. BushCourt of Appeals of Kentucky · 1909
- Chesapeake & Ohio Ry. v. CommonwealthCourt of Appeals of Kentucky · 1905
- Eubank v. CommonwealthCourt of Appeals of Kentucky · 1907
- Goodman v. CommonwealthCourt of Appeals of Kentucky · 1916