116 Ky. 540 | Ky. Ct. App. | 1903
Opinion of the coubt by
Affirming.
The Commonwealth appeals in this case from a judgment of the Simpson Circuit Court sustaining a general demurrer to the following warrant: “Commonwealth of Kentucky. To the Sheriff or Any Constable of the County of Simpson, or Marshal of the City of Franklin, State of Kentucky: It appearing from the sworn statements of J. H. Durbin that there are reasonaDle grounds for believing that J. M.- Leak has committed the offense of betting on an election held, under the Constitution and laws of the State of Kentucky, in Simpson county, Kentucky, committed as follows, to-wit: The said Leak heretofore, to-wit, on the 20th day of November, 1901, in said county of Simpson, and State aforesaid, did unlawfully and willfully bet and wager- money of the value of fifty dollars (his own) with one John Durham upon the -election for Governor which was held in and for the State of Kentucky, under the Constitution and laws of the said State, on November 7, 1901, wherein William Taylor was the Republican candidate -for said office of Governor, and William Goebel was the Democratic candidate for said office of Governor. Said money ($50) as aforesaid was wagered against 'an equal amount ($50) which was bet by the said Durham as aforesaid. Done as aforesaid against the peace ‘and dignity of the Commonwealth of Kentucky. You are therefore commanded’ to arrest the said Leak forthwith, and
Section 27 of the Criminal Code requires that the warrant of arrest should, in general terms, describe the offense charged to have .been committed, and the city or county in which it was committed. And section 124 of the Criminal Code requires that an indictment should be direct and certain as regards the party, the offense, the county, and the particular circumstances of the offense charged, if they he necessary to constitute a complete offense. Encycl. of PI. &, Pr., p. 404, says: “An indictment for betting on an election should state the purpose for which the election bet on was held, and the date of the election, and that it would • be sufficient if the indictment charged that the bet was made
For reasons indicated, the judgment is affirmed.