WELLS v. COMMONWEALTH


329 S.W.2d 210 (1959)

Herbert WELLS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 13, 1959.


Attorney(s) appearing for the Case

W. A. Johnson, Paintsville, for appellant.

Jo M. Ferguson, Atty. Gen., David B. Sebree, Asst. Atty. Gen., for appellee.


MONTGOMERY, Chief Justice.

Herbert Wells, a justice of the peace of Johnson County, was charged in an indictment with a willful failure and neglect to perform his duty as such. He was convicted and fined $100. In addition, his office of justice of the peace was declared vacant. KRS 61.170 and Criminal Code of Practice, Section 292.

The indictment charged:

"The said defendant Herbert Wells on the 27th day of August, 1958, * * * the qualified Deputy...

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