Commonwealth v. Donoghue
Commonwealth v. Donoghue, 63 S.W.2d 3 (KY 1933), was a case decided by the Kentucky Court of Appeals that upheld the ability of judges to create common law crimes in the state of Kentucky, which has complemented codified criminal laws with common law criminal offenses imported through reception statutes. The judge-created crime in the case was "a nefarious plan for the habitual exaction of gross injury."[1]
From 1975 onward a Kentucky state statute, KRS 500.020, has prohibited prosecution of common law crimes in Kentucky.[2]
See also
- State v. Palendrano, a similar case in New Jersey which reached a different conclusion.
References
- ↑ Dressler, J. Understanding Criminal Law, Fifth Edition. Matthew Bender & Company, Inc. Newark, NJ: 2009, p. 28
- ↑ KRS 500.020
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