Commonwealth v. Illinois Cent. R. Co.
| Decision Date | 17 January 1906 |
| Parties | COMMONWEALTH v. ILLINOIS CENT. R. CO. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Carlisle County.
"Not to be officially reported."
The Illinois Central Railroad Company was indicted for bringing Texas cattle into a certain county. From a judgment sustaining a demurrer to the indictment, the commonwealth appeals. Affirmed.
N. B Hays and C. H. Morris, for the Commonwealth.
Robbins Thomas & Bridgewater, Trabue, Doolan & Cox, and J. M Dickinson, for appellee.
On the 11th day of June, 1904, the grand jury of Carlisle county returned the following indictment against the appellee "The grand jurors of the county of Carlisle, in the name and by the authority of the commonwealth of Kentucky, accuse Illinois Central Railroad Company of the offense of bringing what are known to be 'Texas cattle' into the county, committed in manner and form as follows, to wit: The said Illinois Central Railroad Company in the said county of Carlisle on the 10th day of June, 1904, being a railroad company duly incorporated by law, did, in the county aforesaid and within twelve months before finding this indictment, unlawfully bring into the county aforesaid, during a month other than December, January, or February, cattle, to wit, cows, bulls, yearlings, and steers, same being what are known as 'Texas cattle,' afflicted at the time with Texas fever, against the peace and dignity of the commonwealth of Kentucky." The appellee filed a demurrer to this indictment. The court sustained the demurrer, and the commonwealth has appealed.
The object of the indictment was to punish the appellee for the violation of section 1331, Ky. St. 1903, which is as follows "If a person bring into this state any of the cattle known as 'Texas cattle' he shall be fined not less than five hundred nor more than five thousand dollars; but if such cattle be brought into this state in the months of December, January or February, the person so doing shall not incur the penalty aforesaid, if it is shown that disease was not spread thereby among the cattle of another person." The indictment is not good under this statute. By the terms of the statute it prohibits the importation into this state of any cattle known as "Texas cattle" during nine months of the year absolutely. The indictment charges that the defendant did unlawfully bring into the county of Carlisle, during a month other than...
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