Commonwealth v. Cross

Court of Appeals of Kentucky

Commonwealth v. Cross

9 Ky. Op. 109, 1876 Ky. LEXIS 349

DecidedSeptember 5, 1876

StatusPublished

This text of 9 Ky. Op. 109 (Commonwealth v. Cross) 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. Cross, 9 Ky. Op. 109, 1876 Ky. LEXIS 349 (Ky. Ct. App. 1876).

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Opinion

Opinion by

Judge Lindsay :

The averment in this indictment is that the defendant bet the sum of five dollars, with Thomas Pritchett, on the election for county court clerk of Henderson county,, held on the first Monday in August, 1874. It is not averred that the bet or wager related to the election or defeat of any person who was a candidate for, or was proposed for, or was to be voted for, at the said election. The court may possibly presume that there were candidates for the office named, but it cannot presume that the defendant bet that one of them would be elected or defeated.

We are of opinion that the facts stated do not constitute a perfect offense, and that the court below properly arrested the judgment and dismissed the prosecution.

Judgment affirmed.

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Opinion by

Judge Lindsay :

The averment in this indictment is that the defendant bet the sum of five dollars, with Thomas Pritchett, on the election for county court clerk of Henderson county,, held on the first Monday in August, 1874. It is not averred that the bet or wager related to the election or defeat of any person who was a candidate for, or was proposed for, or was to be voted for, at the said election. The court may possibly presume that there were candidates for the office named, but it cannot presume that the defendant bet that one of them would be elected or defeated.

We are of opinion that the facts stated do not constitute a perfect offense, and that the court below properly arrested the judgment and dismissed the prosecution.

Judgment affirmed.

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Bluebook (online)

9 Ky. Op. 109, 1876 Ky. LEXIS 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-cross-kyctapp-1876.