Lynch v. Commonwealth
| Decision Date | 16 April 1896 |
| Parties | LYNCH v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from circuit court, Boyd county.
"Not to be officially reported."
William Lynch was convicted of assault and battery, and appeals. Reversed.
Price & Vinsor, for appellant.
W. S. Taylor, for the Commonwealth.
It has been held by this court that former conviction for a breach of the peace is a bar to a subsequent prosecution for assault and battery, based upon the act constituting that breach of the peace. Com. v. Foster, 3 Metc. (Ky.) 1; Com. v. Hawkins, 11 Bush, 604; Com. v. Bright, 78 Ky. 238. It was therefore error on the trial of this prosecution to exclude from the jury evidence showing that appellant had been previously arrested, tried, and convicted before the police court of Catlettsburg for the same act constituting the assault and battery for which he was indicted, tried, and convicted in the case before us. It is true, his trial and conviction before the police court were under a warrant charging him with disorderly conduct under a municipal ordinance, and the punishment therefor was prescribed by such ordinance. Still, the act was no less than a breach of the peace, although called ""disorderly conduct." And as the warrant was issued and trial was had in good faith, and not for an apparent purpose to defeat or forestall justice, we do not see why the conviction should not be held a bar to the present prosecution. Wherefore the judgment is reversed for new trial conforming with this opinion.
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... ... prosecution by the city is a bar to a prosecution by the ... State for the same offense in the State courts. Lynch v ... Commonwealth, 35 S.W. 264; 1 Dillon's Municipal ... Corporations (4 Ed.), secs. 367-368; State v ... Simonds, 3 Mo. 413; State v ... ...
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