Commonwealth v. Bailey

Court of Appeals of Kentucky

Commonwealth v. Bailey

30 Ky. 246, 7 J.J. Marsh. 246, 1832 Ky. LEXIS 52

DecidedApril 20, 1832

StatusPublished

This text of 30 Ky. 246 (Commonwealth v. Bailey) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Bailey, 30 Ky. 246, 7 J.J. Marsh. 246, 1832 Ky. LEXIS 52 (Ky. Ct. App. 1832).

Pincite

Opinion

Judge Nicholas

delivered the opinion of the Court.

The only question presented in this case is, whether under an indictment against a tavern keeper, for permitting unlawful gaming in his house, the Commonwealth has any right of peremptory challenge, to the venire men. The circuit-court decided that she had not, and we think correctly. The case of Montee vs. Commonwealth, III J. J. Marshall, 149, to which we have been referred, does not determine the existence of any such right. The I8(h section of the act of 1796, I. Dig. 408, declares in substance, that in no inquest on the part of the Commonwealth, shall she be allowed a peremptory challenge.

Judgment affirmed.

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Judge Nicholas

delivered the opinion of the Court.

The only question presented in this case is, whether under an indictment against a tavern keeper, for permitting unlawful gaming in his house, the Commonwealth has any right of peremptory challenge, to the venire men. The circuit-court decided that she had not, and we think correctly. The case of Montee vs. Commonwealth, III J. J. Marshall, 149, to which we have been referred, does not determine the existence of any such right. The I8(h section of the act of 1796, I. Dig. 408, declares in substance, that in no inquest on the part of the Commonwealth, shall she be allowed a peremptory challenge.

Judgment affirmed.

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Bluebook (online)

30 Ky. 246, 7 J.J. Marsh. 246, 1832 Ky. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-bailey-kyctapp-1832.