statutes Kentucky. Laws.

Civil and Criminal codes of practice of Kentucky online

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INDICTMENT defined 118 3$

certainty required in, generally 122, 124 34, 43

exceptions as to —

describing money or currency stolen or embezzled 135 46

libel 132 45

naming the defendant 125 43

perjury or subornation of perjury 134 46

person injured or owner of property injured or taken 128 44

stating dates of offences 129 45

judgment, &c, of court or officer of special jurisdiction. 131 45

statutory offences 136 46

written instruments, if withheld, &c 133 45

concurrence in of nine jurors required 1 19 33

construction of words in 137 46

demurrer to: see Demurrer \

dismissal of by Commonwealth's attorney 243 89

as to one offence in case of misjoinder 168 53

foreman's indorsement of 119 33

presentation of to court 121 34

gives exclusive jurisdiction of offence indictable in two or more counties. 24 6

in city or police court, when unnecessary .306 104

locality of misdemeanors, where to be specially stated in 16 5

motion to set aside, when to be made 157 51

grounds for 158 51

proceedings, if motion sustained 159 52

Form of order 157

overruled 161 52

offences which are indictable 9 2

having degrees, indictment gives jurisdiction of all degrees, &c. 14 5

joinder of, in indictment, when allowed 127 44

only one offence to be charged, except as allowed by J 127 126 43

presumptions of law, and facts judiciously noticed, need not be stated in . 130 45

process on, viz., bench-warrant or summons 138, 139 47

bench-warrant. Form of prescribed by Code I42 47

issuing of. 140, 141, I45» *49 47» 48

indorsement on as to bail 143 47

service of, if by other officer than sheriff. 144 48

summons. Form of prescribed by Code 146 48

issuing and service of 147, 148 48

title of prosecution and court must be stated in 122 34

witnesses' names to be placed on 120 33

Form of prescribed by Code 123 42

Notes concerning indictments generally 35*37

Notes concerning indictments for divers offences 37~4 2



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I9O INDEX TO CRIMINAL CODE.



INDORSEMENT— «c fags

as to bail, on bench-warrant 143 47

order of commitment 67 16

warrant of arrest 28 8

by bail, for defendant's arrest 87 24

changing time for return to habeas corpus 403 127

Form of indorsement 162

INFANT—

duty of court to protect, by excluding incompetent evidence, etc., note 8. 77
under sixteen, exclusion from room during examination of charge of

rape, &c, Act of 1892 13

INSANITY—

arrest of insane person 12, 394 3, 12$

proceedings thereupon 396, 397 125

postponement of proceedings on indictment, to try question of sanity, &c. 156 51

showing of, as cause against rendering judgment .' 287 100

suspension of death-sentence, by reason of 296 102

verdict and proceedings, on defence of 268 95

evidence concerning, note 14, page 77 ; instructions, note 18 84

INSTRUCTIONS—

at request of jury 249 91

explanatory, after argument commenced, note l 7S

manner and time of giving, generally 225 7$

must be shown by bill of exceptions 341 1 12

to acquit in absence of corroboration 242 89

withdrawal of jury during argument upon 226 86

Notes concerning instructions , 78-86

ISSUES—

by whom issues of law and fact tried 180 57

tried in city or police courts 319 106

justices' court 331 108

how formed, on trial under writ of habeas corpus 419 131

issue of fact arises 182 $7

law arises 181 57

oath of jury to try issue 217 66

JAILER—

commitment to, of person arrested 67 16

is a peace-officer and may execute warrant of arrest 26 7

surrender to, of defendant who has given bail 86 23

indictment of, for keeping unclean jail, &c, note 31 40

JOINDER—

in demurrer unnecessary 179 57

of offences, in indictment, generally forbidden 126 43

when allowed 127 44

JUDGE—

habeas corpus, judges who may issue writ of 399 127

before whom returnable 400 127

may orally order arrest for offence in presence of 38 II

of circuit or county court may call out military to suppress violence . . . .379 121

city or police court may fix terms 308 10$

issue warrant of arrest 312 105

trial-court, not to be taken as bail 80 21



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INDEX TO CRIMINAL CODE. I9I

JUDGE— (Continued.) skc. »agb.

provisions as to clerks apply to judges acting as clerks 320 106

JUDGES OF COUNTY COURTS: see County Judges.
JUDGMENT, arrest of: see Arrest of Judgment,

causes which defendant may show against rendering . . .287 100

explanation to defendant before rendering 286 100

copy of, authorizes execution 293 102

execution of death-sentence, when and how made 294 102

final, if rendered on demurrer, when 169, 170 53, 54

to be rendered, if defendant refuse to plead 171 54

fixing by, of day of execution in death-sentence 290 101

degree of punishment 284 100

for cost in misdemeanor-case 291 101

imprisonment for fine 289 IOI

removal from office 292 IOI

of acquittal not reversible in felony-cases 339 I IO

misdemeanor-case, if the punishment is im-
prisonment 352 1 16

(but see $£ 170, 279, and notes.)

conviction, for what errors not reversible 281 98

reversible 280, 340 98, 1 10

upon re-conviction, after reversal, defendant to be credited

for former confinement 345 1 13

on trial of habeas corpus : see Writ of Habeas Corpus*

two or more convictions 288 IOI

pleading of, what necessary in 131 45

presence of defendant necessary, when rendered for felony 285 loo

time of rendering 283 100

Form of judgment of death 4 • 158

fine and imprisonment 158

imprisonment 158

removal from office 158

JURISDICTION, general provisions concerning 13 4

see Courts.
JURY : see Grand Jury, Petit Jury.
JUSTICES' COURTS : see Courts, 6.
JUSTICE OF THE PEACE—

is a magistrate, and may issue warrant of arrest 26 7

issuing by of writ of habeas corpus 399 127

suppression of riots, &c, duty of concerning 375 121

two justices may call out military force 379 121

two required to constitute examining court in felonies 71 18

but see Act of 1886, under 71 18

see Courts, 6.
KIDNAPPING—

prosecution of, in any county where it existed 23 6

trial of, where defendant first indicted or arrested 24 6

KEEPING A TIPPLING-HOUSE— Form of indictment for 153

LARCENY—

description of money, &c, in indictment for 135 46

offences which may be joined with in indictment 127 44

indictments for, note 33, page 40 ; evidence, note 15 77



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192 INDEX TO CRIMINAL CODE,

LAW— ssc t*cm-

information to jury concerning, after they retire 249 91

instructions to jury concerning 225 78

issue of, arises how , 181 57

trial of by court 180 57

questions to be decided by court 235 87

LIBEL, sufficient charge of in indictment 132 45

indictment for, note 34 41

LIQUOR, indictments relating to, note 35 41

LOTTERIES, indictments relating to, note 36 ^ 41

LOUISVILLE CITY COURT, laws as to not changed by Code 322 106

MAGISTRATES, who are , 26 7

arrest, issuing warrant of, by: see Warrants of Arrest.

ordering of, orally, for offences in presence of. 38 11

duty of, as to drunken or disorderly persons 398 126

insane persons brought before them 397 125

suppressing riots, &c 375, 376 121

neglect of is a misdemeanor 378 121

peace-warrant, issuing of by 383 123

security to keep may be required upon 384 123

bond for, returnable to clerk of circuit court . . .386 124
powers and duties of as examiners of offences : see Examining Courts.
MAIL—

transmission by, of bond for appearance in another county 47 12

warrant of arrest and bail-bond . . . . « 34 10

MAIM. Form of indictment for, 150

MALFEASANCE IN OFFICE, judgment on conviction of. 292 101

Form of judgment 158

MANSLAUGHTER—

indictment for, note 37, page 41 ; evidence, note 16 77

instructions, note 20 85

Form of indictment. 146

MARRIAGE, evidence of, note 17, page 77 ; note 4 82

MARSHAL is a peace officer and may execute warrant of arrest 26 7

MASTER COMMISSIONER not to be taken as bail 80 21

MAYOR—

court of is a police court 321 106

duty of as to suppressing riots, &c -37^ I21

neglect of is a misdemeanor 378 121

is a magistrate, and may issue warrant of arrest 26 7

militia may be called out to suppress riots, &c 379 121

MILEAGE to jurors from adjoining county 195 61

MILITARY—

calling out by judge, &c, to suppress violence 379 ,21

sheriff, &c, to aid in serving process 371 120

sending of by Governor for same purpose 374 120

firing, &c, by, when allowable 381 121

obedience of to civil officers required 380 121

MINUTES OF EXAMINING COURT : see Examining Courts.

MISDEMEANOR, defined 7 *

appeals from judgment for : see Appeals.

defendant may remain on bail during trial for 184 58



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INDEX TO CRIMINAL CODE. I93

USDEMEANOR— (Continued.) sac. paob.

defendant need not be present during trial for 184 58

failure to assist officer when required, is 373 120

or neglect of magistrate, &c, as to suppressing riots 378 121

or refusal to assist peace-officer when summoned 41 XI

giving of bail, &c, by defendant : see Bail,

judgment in, to include costs 291 101

jury may be permitted to separate during trial of 244 90

trial of by county judge, when circuit court is not in session, Act of 1893. 8

MISJOINDER OF OFFENCES, correction of, by dismissal as to one 168 53

HONEY, CURRENCY, &c., description of, in indictment for larceny or em-
bezzlement 135 46

VIUNICIPAL BONDS, evidence of genuineness, note 18. . . 77

MURDER, indictment for, note 38 41

Form of indictment. 146

NAME—

of defendant, error in may be corrected 125 43

Form of order 157

person injured, or owner of property taken or injured, when immaterial. 128 44
NEWSPAPER STATEMENTS, reading of, not necessarily a ground for

challenging a juror. Act of 1888 63

NEW TRIAL defined.. 269 96

effect of granting 270 96

granting of on grounds not named in § 271 : see note to § 274 97

grounds for 271 96

filing of with motion •. 274 97

motion for, when to be made 273 97

testimony of jurors on 272 97

NOT GUILTY, plea of, with or without plea of former acquittal or con-
viction 172 54

effect of 175 55

NOTICE, to Commonwealth's attorney, of application for return of deposit

in lieu of bail 88 24

Form of notice 143

county attorney, of examining trial for felony 51 14

NUISANCE, indictment for creating 39 41

OATH-

administering of to bail by officer taking 77 20

witness by foreman of grand jury 106 3 1

of jury, if there be no issue 218 66

to try issue 217 66

officer in charge of jury 245 90

person conducting jury to view place 236 87

to be taken by Senators on trial of impeachment 438 134

OBJECTION—

to evidence or instructions, when necessary, note 6 99

magistrate presiding as examining court 52, 53 14

officer presiding on trial of habeas corpus 418 130

OBTAINING MONEY, &c, BY FALSE PRETENCES—

indictment for, note 27, page 39 ; evidence concerning 20 77

Form of indictment 150

joinder of with larceny, in indictments 127 44



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194 INDEX TO CRIMINAL CODE.

OFFENCE : see Public Offence. sec pack.
OFFICER—

penalty on for refusing to issue writ of habeas corpus. 401 127

punishable for neglect to suppress riots, &c 378 121

to whom writ of habeas corpus shall be returned 416 130

interested or related to parties not to pre-
side at trial of 415 130

objection to, how made 418 130

who may suspend execution of death-sentence 295, 296, 336 102, 109

ORDER OF COMMITMENT, requisites of, and how executed 67 16

Form of 145

OWNERSHIP of property stolen, &c, when allegation as to is not material ..128 44
PANEL—

filling of, how done 192 61

grounds of challenge to 199 62

proceedings, if challenge sustained 200 62

PAPERS—

compelling production of by court, as evidence 152 49

Court of Appeals, on trial of information

against clerks. 44$ 136

Senate, in impeachment-case 435, 436 134

in habeas corpus case, returnable to clerk of circuit court 421 131

of examining court, deliverable to clerk of court in which defendant is

held to appear 70 VJ

PASSING COUNTERFEIT MONEY—

and having it in possession may be joined in indictment 127 44

PEACE : see Security, &c.

PJEACE-OFFICERS, who are 26 7

arrest by : see Arrest.

deposit with, of money in lieu of bail : see Deposit, &c.

duty and oath of, in charge of jury kept together 245 90

as to conducting jury to view places 236 87

of to arrest insane, drunken, and disorderly persons 394, 395 125

proceedings

thereupon. 396 125

return by, on warrants executed 33 9

suppression by, of resistance to execution of process 371 120

riots and unlawful assemblies 37$ 121

neglect of is misdemeanor .378 121

taking of bail by : see Bail.

writ of habeas corpus may be executed by 406 128

return of service 408 128

PEACE- WARRANTS : see Security, 6v.'

PEDDLING, indictment for 40 4*

PENAL ACTION lies when 11 3

PENALTY—

for refusing obedience to writ of habeas corpus 409 128

of officer to issue writ of habeas corpus 401 127

judgment must affix 284 too

PENITENTIARY—

defendant, if in, shall remain pending appeal 343 115

shall be removed upon reversal 344 113



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INDEX TO CRIMINAL CODE. I95

PENITENTIARY— (Continued.) s*c. pagb.

defendant, if again convicted, shall have credit for former confinement. .345 1 13

offences punishable by imprisonment in, are felonies 6 2

PERJURY—

averments in indictment for 134 46

grand jury not responsible for acts or votes, except for perjury 1 14 32

indictment for, note 41, page 41 ; evidence, note 21 77

Form of indictment 147

PETIT JURY—

issues of fact to be tried by. 180 57

selecting and summoning of 190 60

drawing of names by clerk 191, 192 60, 61

filling of panel of. 192 61

summoning of by sheriff 192 61

person appointed by court 193 61

from adjoining county 194, 196 61

when defendant may demand, in city or police court 319 106

justice's court 331 108

summoning of 332 108

see Trial by Jury.

PETIT LARCENY. Form of indictment for. 153

PLEADINGS: see Fleas.

allowed to defendant 162 52

may be oral, but entry of must be made on record 163. 52

Form of entry of prescribed by Code 164 52

defendant, when put on trial, must move to set aside indictment or plead .

to it 157 51

not required for Commonwealth, on summons on forfeited bail-bond. ... 94 25

of a judgment or other proceeding, what necessary in 131 45

oral allowed in police, city, or justices' court 318, 330 106, 108

PLEAS TO INDICTMENTS—

are guilty, not guilty, and former conviction or acquittal 172 54

former conviction or acquittal bars another prosecution 176 56

unless judgment of conviction reversed because indict-
ment did not state an offence, note 1 56

plea of, deemed controverted without reply 179 57

(see Bar of Further Prosecution.)

"guilty " must be pleaded by defendant in person 173 55

may, with leave, be withdrawn before judgment 174 55

" not guilty," effect of. 175 55

oral allowed, but must be entered of record 163 52

Form of entry on record prescribed in Code 164 52

POLICE COURTS: see Courts, 3.

POLICEMAN—

is a peace-officer 26 7

not to receive deposit in lieu of bail 55 14

POLLING THE JURY 267 95

POSSESSION OF COUNTERFEIT MONEY. Form of indictment for . ... 150

POSTPONEMENT OF* TRIAL: see Continuance.

PREGNANCY, cause for suspending execution of death-sentence 296 102

PREJUDICIAL ERRORS 340 no

PRELIMINARY PROVISIONS OF CODE ....1-3 1



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ig6 INDEX TO CRIMINAL CODE.



PRESUMPTIONS of law and facts judicially noticed, need not be alleged. . . 150 45

PREVENTION OF PUBLIC OFFENCES n 3

PRISONER—

pursuit of, after escape 44 11

removal from jail or custody of public officer 425 132

PRISONS, grand jury to inquire into condition of, &c 102 30

PRIVATE PERSON—

appointment of, to summon jurors 193 61

serve writ of habeas corpus 406 12S

has same power as sheriff in execoting. . . .427 152

must make return of service 408 irf

PROCESS ON AN INDICTMENT is a summons or a bench- warrant . . 138, 139 47
as to the former, see Summons; and as to the latter, see Stuck- tVarranL

PROHIBITION, issuing of writs of, by circuit courts 25 7

PROSECUTIONS by penal actions II 3

by summons or warrant 10 3

docketing and time of trying in circuit court 186, 187 5I

see Bar to Further Prosecution.
PROSECUTOR—

in peace- warrant, failing to appear, defendant to be discharged 389 M4

of impeachment, liable for costs if defendant acquitted 441 134

information against clerk, liable for costs 448 ij£

may be required to give security for, when 447 1$

when necessary -upon information against clerk 443 135

not necessary 449 ij&

PUBLIC OFFENCE defined 4 *

arrest of person charged with 8

committed in different counties, may be prosecuted in either 21 6

degrees of ^ . . . . 263 9*

inclusion of in offence charged 264, 265 $5

grand jury to inquire into, &c 102 30

juror to disclose any of which he has information 104 3°

indictment applicable to, when 9

gives jurisdiction of all degrees of, &c 14 5

joinder of offences in, when allowed 126, 127 43, 4*

proceedings, if offences appear to have been committed out of State ... .231 #

jurisdiction
of court. 230 &
person in whose behalf a writ of habeas corpus is issued ap-
pear guilty of a public offence 4*3 W

for prevention of 12 3

prosecution of by penal action II 3

summons or warrant » 10 3

see Bar to Further Prosecution.

PURSUIT of escaped prisoner 44 "

QUASHING INDICTMENT, when to be done, and proceedings thereupon. 233 &?

RAPE, indictment for, note 43, page 42; instructions, note 21 %

Form 0/ indictment . . . . f M7

iREASONABLE DOUBT—

as to grade of offence, conviction should be of lower grade 239 fi

of guilt entitles defendant to acquittal. , 238 £



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INDEX TO CRIMINAL CODE. iQj

SBC. PAGE.

RECEIVING OR REFUSING VOTE, indictment for, note 44 4«

Form of indictment 154

RECEIVING STOLEN PROPERTY KNOWING THAT IT WAS STOLEN—

evidence concerning, note 22 77

joining of with larceny in indictment 127 44

RECOGNIZANCE— .

of witnesses by examining court, on holding defendant for trial 69 17

to keep the peace 393 125

Form of recognizance 0/ witness 140

bail 142

RECORDS—

admissibility of as evidence, note 23 77

of county, subject to inspection by grand jury 103 30

pleadings must be entered of record 163 52

Form 0/ entry of, prescribed by Code 164 52

RELIGIOUS ASSOCIATIONS—

writ of habeas corpus may be issued against 424 132

REMOVAL of cases from circuit to inferior courts 15 5

REMOVAL OF CLERKS FROM OFFICE—

by Court of Appeals 13 4

causes of removal „ 442 135

to be stated in information by Attorney General .442 135

what it must state 443 135

continuances 446 136

evidence, production of, how coerced 445 136

costs, judgment for 448 136

when security for may be required 4 . . . .447 136

pending trial of appellate clerk, Court may appoint clerk pro tern 450 136

prosecutor, when necessary ,443, 449 135, 136

summons, issuing and service of 444 135

time of trial of. 444 135

REPEAL OF LAWS BY CODE 3 1

REPLEVY of fine allowed 305 104

REPLY unnecessary 179 57

RESISTANCE OF EXECUTION OF PROCESS: set Suppression, &c.

RETURN—

by officer executing warrant of arrest 33 9

may be by mail, when 34 10

of papers, &c, used on trial of habeas corpus 421 131

of writ of habeas corpus ,408 128

time for making may be changed . .• 403 127

to whom to be made 416 130

to writ of habeas corpus, what defendant must state 410 129

REVERSAL OF CONVICTION, grounds for 340 1 10

RIOTS: (see Suppression, &c.)

indictment for, note 45 42

RIVER bounding two counties, court of either has jurisdiction over .20 6

ROBBERY, indictment for 46 42

Form of indictment 147

offences which may be joined with in indictment 127 44

:SABBATH, indictment for working on, note 47 42



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I98 INDEX TO CRIMINAL CODE.



SCC MO.

SECURITY TO KEEP THE PEACE OR FOR GOOD BEHAVIOR. 384, 385 123

bond for returnable to clerk of circuit court, if taken by magistrate 386 124

breaches of, what are 391 124

proceedings upon 392 12$

causes for which security may be required 382 122

commitment for failure to give security 384, 387 123, 124

discharge of defendant, if no grounds for apprehension appear 390 124

prosecutor fail to appear „ 389 1 24

disorderly person may be required to give 398 126

order of arrest on peace-warrant, how made 383 125

security may be by recognizance 393 125

justice's court may require, when 325 107

who may take after commitment *. 388 124

time for which security may be required 385 123

trial and requiring bond, by court or magistrate 384 123

circuit court, upon defendant's appearance

there under bond 387 124

Form of bond i$$

order of commitment upon failure to give bond. i$6

SELLING GOODS BY SAMPLE, indictment for, note 48 41

SENATE: see Courts, 7.

SETTING ASIDE INDICTMENT, grounds for 158 51

if motion be overruled defendant must plead 161 $2

proceedings on setting aside indictment 159 5*

Form of order 157

defendant discharged, unless next grand jury indict 160 S 2

SHERIFF is a peace-officer, and may execute warrant of arrest (see Arrest) . . 26 7

execution by, of death-sentence 294 i<&

suspension of by 296 MS

judgment of imprisonment 298 103

powers of, while conveying prisoner to the penitentiary 299 103

provision by, for jury while kept together 247 9°

return by, of execution of judgment 300 103

summoning by, of jurors to fill panel 192 61

from adjoining county 196 61

suppression by, of resistance to executing process 371 120

riot or unlawful assembly 379 Hi

taking of bail by : see Bail,

SHOOTING AT WITHOUT WOUNDING, indictment for, note 49 V

SHOOTING AND WOUNDING IN SUDDEN HEAT OF PASSION—

Form of indictment for • l>4

SHOOTING WITH INTENT TO KILL, WITHOUT WOUNDING—

Form of indictment for 154

SICKNESS OF JUROR, effect of 250, 251 9'

SOMNAMBULISM OR SOMNOLENTIA, admissibility of proof of, note 24. 77

SPECTATORS, exclusion of by examining court 63 &

STATUTE, indictment need not pursue words of. 136 4*

STRIKING, &c, WITH INTENT TO KILL, WITHOUT KILLING—

Form of indictment for I5 1

SUBORNATION OF PERJURY—

what is sufficient to state in indictment for 134 4*



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INDEX TO CRIMINAL CODE. I99

SUBPCENA— «c page.

issuing of by clerk for witnesses before grand jury 105 31

of city or police court 315 106

Court of Appeals, upon information against clerks. 445 136

Senate, upon trial of impeachment 435 134

trial-court, on request of either party 150 49

Forms of subpctnas 139, 140

justice, in his own court 329 108

magistrate, before examining court 61 16

officer granting, or trying, writ of habeas corpus 414 130

SUMMONING—

aid to make arrest 41 II

witnesses to learn who is guilty of public offence 32 9

SUMMONS, offences which may f>e prosecuted by 10 3

SUMMONS OF DEFENDANT—

issuing of by clerk of city or police court 310 105

nature and form of 311 105

how to be executed 314 106

circuit court 146, 147 48

Court of Appeals, upon information against clerks. 444 • 135

Senate, on impeachments 434 133

justice of the peace 326 107

on forfeited bail-bond 94 25

indictment, to be directed by court 141 47

for misdemeanor, summons to issue unless bench-
warrant ordered . . 148 48
form of summons. . . 146 48
how issued and

served 147 48

not necessary on appeal to Court of Appeals 338, 351 no, 1 16

Forms of summonses 137

SUNDAY, writ of habeas corpus may be issued on, &c 427 132

SUPERSEDEAS. Forms of. 160, 161

SUPERSEDEAS-BOND-

necessary to suspend execution on appeal to circuit court 364 1 18

Court of Appeals, in misde-
meanors 349 115

Forms of bonds 159, 160

SUPPRESSION OF RIOTS, &c, AND OF RESISTANCE OF LAWFUL
AUTHORITY—

1. Suppression of resistance of lawful authority —

arrest, and report to court, of persons resisting execution of process,

and abettors 371, 372 120

inhabitants and county military may be required to assist 371 120

military to be sent by Governor, if power of county insufficient 374 120

persons refusing assistance guilty of misdemeanor and contempt of

court 373 1 20

2. Suppression of riots and unlawful assemblies —

arrest of rioters failing to disperse upon command of sheriff, &c. .375, 376 1 21



Online Librarystatutes Kentucky. LawsCivil and Criminal codes of practice of Kentucky → online text (page 141 of 142)