DEARING v. McCORMACK


352 S.W.2d 197 (1961)

Claude DEARING, Appellant, v. Roy McCORMACK, Magistrate, Appellee.

Court of Appeals of Kentucky.

December 15, 1961.


Attorney(s) appearing for the Case

Leland H. Logan, Bowling Green, for appellant.

John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., B. G. Davidson, County Atty., Bowling Green, for appellee.


BIRD, Chief Justice.

The statutes provide that sheriffs shall be paid six dollars for arrests in misdemeanor cases. KRS 64.090. The statutes also provide that constables shall be paid the same as sheriffs for arrests in misdemeanors except in cases involving the use of motor vehicles upon the public highways. In those cases the constable is to be paid fifty cents for each arrest. KRS 64.190.

Before the 1956 Amendment to KRS 64.190 the constable's arresting...

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