Lucas v. Commonwealth
Court of Appeals of Kentucky
Case 108 — Prosecution against Desha Lucas for Maintaining a> Nuisance. Defendant Convicted and Appeals. 1. Our contention is, that under the provision of the Constitution and statutes of this State, a conviction or acquittal under any properly framed ordinance, enacted in good faith, is a bar to any other prosecution for the same offense by the State whether the penalty is a statutory or common law (one. ' 2. We submit that nothing but a plea of guilty in open court will…
Read the full summary
Case 108 — Prosecution against Desha Lucas for Maintaining a> Nuisance. Defendant Convicted and Appeals. 1. Our contention is, that under the provision of the Constitution and statutes of this State, a conviction or acquittal under any properly framed ordinance, enacted in good faith, is a bar to any other prosecution for the same offense by the State whether the penalty is a statutory or common law (one. ' 2. We submit that nothing but a plea of guilty in open court will justify an instruction by the court to the jury to find the defendant guilty. However convincing and unoontradicted the…
1Opinion of the Court
Opinion of the court by
JUDGE SETTLE
Reversing.
The appellant was jointly indicted with others in the Bourbon circuit court for the offense of maintaining a nuisance, committed by unlawfully causing and permitting persons to assemble on premises in their possession and control, and there engage in betting, winning, and losing money on horse racing, to the injury of the public morals. Appellant was given a separate trial, found guilty by verdict of the jury, and his punishment fixed at a fine of $500. He insists that his conviction was illegal, and that a new trial should have been granted. Upon…
2Cases cited4 opinions
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- Kemper v. CommonwealthCourt of Appeals of Kentucky · 1887
- Respass v. CommonwealthCourt of Appeals of Kentucky · 1899
- City of Owensboro v. SimmsCourt of Appeals of Kentucky · 1896
3Cited by10 opinions
- Ehrlick v. CommonwealthCourt of Appeals of Kentucky · 1907
- People v. HeikkalaMichigan Supreme Court · 1924
- Williams v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Walker v. CommonwealthKentucky Supreme Court · 2011
- Bardin v. CommonwealthCourt of Appeals of Kentucky · 1921
5 more not listed; retrieve them via the Exa API.