Legal Opinion

Kinnaird v. Commonwealth

Court of Appeals of Kentucky

Decided September 29, 1909PublishedCited by 11 opinions

CASE 71. — PROSECUTION AGAINST T. E. KINNAIRD ON CHARGE OF VIOLATING KENTUCKY STATUTES, SECTION 1552, PROHIBITING THE SELLING OR GIVING AWAY OBSCENE LITERATURE. — Appeal from Barren Circuit Court. Defendant convicted and appeals. —

1Opinion of the Court

Opinion of the court by

Judge Carroll

— Reversing.

*577Under an indictment charging him with: “The offense of unlawfully showing and giving away to another person' a certain indecent, indiscreet, disgusting, and obscene writing, which was committed as follows, to wit: Heretofore, to wit, on the-day of November, 1908, and in the county and commonwealth aforesaid, the said T. E. Kinnaird did then and there unlawfully show, utter, and give to Miss Edith Watson, an unmarried lady, a certain indiscreet, indecent, obscene, offensive, immoral, and disgusting written article, all of which was written by him.

2Cases cited14 opinions

  1. Dunlop v. United StatesSupreme Court of the United States · 1897
  2. People v. . MullerNew York Court of Appeals · 1884
  3. State v. HaywardSupreme Court of Missouri · 1884
  4. United States v. ClarkeDistrict Court, E.D. Missouri · 1889
  5. Commonwealth v. Herald Pub. Co.Court of Appeals of Kentucky · 1908

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3Cited by11 opinions

  1. Louisville & Nashville Railroad v. Taylor's AdministratorCourt of Appeals of Kentucky · 1916
  2. Commonwealth v. MortonCourt of Appeals of Kentucky · 1910
  3. Wallace v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  4. Clines v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
  5. Davenport v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1941

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