Commonwealth v. Cain
Court of Appeals of Kentucky
Case 17 — INDICTMENT—February APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The embezzlement alleged in this case has been punishable under the general laws at all times since 1864, unless embezzlement from the Louisville Gas Company is excepted from the operation of the general law. (Bev.
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Case 17 — INDICTMENT—February APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The embezzlement alleged in this case has been punishable under the general laws at all times since 1864, unless embezzlement from the Louisville Gas Company is excepted from the operation of the general law. (Bev. Stat., sec. 1, art. 12, chap. 28; Act of February 9, 1864, Myers’s Supp. 201; Act Adopting Gen. Stat., sec. 3, art 1.) 2. The special law punishing embezzlement from the Louisville Gas Company, section 24 of “An act to incorporate the Louisville Gas and Water Company,” approved February 15, 1838, amended Acts…
1Opinion of the Court
JUDGE HINES
delivered the opinion op the court..
On tbe 12th of June, 1878, an indictment was returned against appellee, charging that on the 1st day of July, 1868, while cashier of the Louisville Gas Company he embezzled $20,000 of the funds of that company.
To this indictment a demurrer was filed, and for the purposes of the demurrer, it was admitted of record that the offense, if any, was committed in the year 1868, and prior to the 1st of December of that year. From the judgment sustaining the demurrer, dismissing the indictment, and discharging appellee, an appeal was taken to this court.
Thi…
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