Commonwealth v. Boyle County Fiscal Court
Court of Appeals of Kentucky
■Case 46 — Indictment against Boyle County Fiscal Court for Suffering a Nuisance on the Public Highway. APPEAL FROM BOYLE CIRCUIT COURT. Indictment Dismissed and Commonwealth Appeals. There can be no question that-the indictment is definite and certain as to the particular circumstances of the alleged offense, and that such an offense is punishable by indictment at common law.
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■Case 46 — Indictment against Boyle County Fiscal Court for Suffering a Nuisance on the Public Highway. APPEAL FROM BOYLE CIRCUIT COURT. Indictment Dismissed and Commonwealth Appeals. There can be no question that-the indictment is definite and certain as to the particular circumstances of the alleged offense, and that such an offense is punishable by indictment at common law. If the fiscal court had acquired this turnpike road, and had control over it, as alleged in the indictment, then it had a manifest duty to prevent the road from becoming obstructed and out of repair. Kentucky Statutes,…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
The grand jury of Boyle county found a true bill and indictment against “The Fiscal Court of Boyle County, Kentucky,” charging the defendant with having unlawfully suffered and permitted a public nuisance on the public highway, “committed in manner and form as follows: The said fiscal court of Boyle county, Kentucky, in the county and (State aforesaid, on the - day of December, 1899, 'A. D., before the finding of this indictment, did -unlawfully and willfully suffer and permit the turnpike road, a public highway commonly known as the 'Danville and…
2Cases cited6 opinions
- Askew v. Hale CountySupreme Court of Alabama · 1875
- Downing v. Mason CountyCourt of Appeals of Kentucky · 1888
- Layman v. BeelerCourt of Appeals of Kentucky · 1902
- Lawrence County v. Chattaroi RailroadCourt of Appeals of Kentucky · 1883
- Montgomery County v. Menefee County CourtCourt of Appeals of Kentucky · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Shearer v. HallCourt of Appeals of Kentucky · 1965
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Jefferson County v. Louisville & N. R.Court of Appeals of Kentucky · 1951
- Porter v. Johnson County Judge/ExecutiveCourt of Appeals of Kentucky · 2010