Tesh v. Commonwealth
Court of Appeals of Kentucky
Indictment. From the City Court of Louisville* Prosecution and conviction in the “City Coatt of Louisville,” and objections made to the validity of the judgment. The Courl of Ap penis of Ken. is established by the constitution. —The inferior courts ure such “as the general assembly muy, from time to time, erect and establish.” The judges all hold their offices “during good behaviour&thecontinuanceof their respective courts.”
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Indictment. From the City Court of Louisville* Prosecution and conviction in the “City Coatt of Louisville,” and objections made to the validity of the judgment. The Courl of Ap penis of Ken. is established by the constitution. —The inferior courts ure such “as the general assembly muy, from time to time, erect and establish.” The judges all hold their offices “during good behaviour&thecontinuanceof their respective courts.” Hence, thecourt of appeals is permanent; but all inferior courts, erected by the Legislature, may be continued, or, at any time, abolished, by the Legislature. And when a…
1Opinion of the Court
Chief Jiistice Robertson
delivered the Opinion of ihe Court.
The City Court of Louisville, organized under an act of assembly approved February 22ad, 1836, having adjudged against Francis Tesh a fine of fifty dollars, assessed by a petit jury, on an indictment for assault and battery, found against him by a grand jury empanneled by the authority of the same court, he prosecutes this appeal; and insists that the judgment is invalid and erroneous, be.cause: (1.) the court which rendered it, is unconstitutional; (2.) if constitutional, it had no jurisdiction over the case; (3.) there was no…
2Cases cited1 opinion
- Bruce v. FoxCourt of Appeals of Kentucky · 1833
3Cited by6 opinions
- Nider v. CommonwealthCourt of Appeals of Kentucky · 1910
- Cheaney v. HooserCourt of Appeals of Kentucky · 1848
- Kirk v. BakerSupreme Court of Florida · 1969
- State v. Ensor and ComptonCourt of Appeals of Maryland · 1976
- Vicaro v. CommonwealthCourt of Appeals of Kentucky · 1837
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