Commonwealth v. Reese

• Decision Date: 02 February 1895
• Citation: 29 S.W. 352
• Parties: COMMONWEALTH v. REESE.
• Court: Kentucky Court of Appeals

29 S.W. 352

COMMONWEALTH v. REESE.

Court of Appeals of Kentucky.

February 2, 1895

Appeal from circuit court, Jefferson county.

"Not to be officially reported."

Prosecution against J. E. Reese for bribery. From a judgment sustaining a demurrer to the indictment, the commonwealth appeals. Affirmed.

W. J. Hendrick, for the Commonwealth.

LEWIS, J.

The indictment against J. Ed. Reese charges that, at an election about to be held by the general council of the city of Louisville for choosing a person to fill the office of "sealer of weights and measures," George W. Newman and Philip Hoffman being candidates, said Reese did then and there unlawfully, willfully, and corruptly promise and agree and offer to pay one O. C. Root, a councilman from Eleventh ward of said city, the sum of $200 if he, said Root, would vote for Philip Hoffman for said office aforesaid, which said promise, agreement, and offer were intended unlawfully, willfully, and corruptly to influence and control the said Root in his vote in said election, and then and there to bribe him to do the same. The demurrer to the indictment was sustained upon two grounds. But in the case of Com. v. Root (this day decided by this court) 29 S.W. 351, it was held the statute did provide and authorize punishment for such an offense as this, and consequently the first ground for sustaining the demurrer is not tenable.

But it appears that by section 2755, St., the office of "inspector of weights and measures" was created, and as a consequence the office of "sealer of weights and measures" ceased to exist, and a candidate could not be legally voted for or elected by the general council of the city of Louisville; and, if there was no office of the name mentioned in the indictment to be filled or candidate therefor to be voted for by said Root as councilman, he could not, in the meaning of the statute, be bribed to so vote. The judgment is therefore affirmed.