Kentucky Revised Statutes
Ky. Rev. Stat. § 431.075 (2026)
Repealed, effective January 1, 1975
✓ current as of May 2026
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Catchline at repeal: Common-law offenses, penalties for. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1950 Ky. Acts ch. 169, sec. 1.
Notes of Decisions
Cited in 26
cases, 1951–1978 · leading case: Jett v. Commonwealth, 436 S.W.2d 788 (Ky. Ct. App. 1969).
Jett v. Commonwealth, 436 S.W.2d 788 (Ky. Ct. App. 1969). “KRS 431.075. On this appeal he makes one contention, that the trial court committed a prejudicial error by allowing the county sheriff, in rebuttal, to give hearsay evidence consisting of what the appellant’s wife had reported to him on the telephone when she summoned his…”
McDonald v. Commonwealth, 569 S.W.2d 134 (Ky. 1978). “105, assault and battery, KRS 431.075, and rape, KRS 435.-090. 1 A jury found McDonald guilty on all three counts and sentenced him to imprisonment for five years on the count of indecent and immoral practices, twelve months on the count of assault and battery, and life without…”
Fairchild v. Commonwealth of Kentucky, 267 S.W.2d 528 (Ky. Ct. App. 1954). “KRS 431.075. At its 1952 Session the General Assembly passed KRS 435.”
Marye v. Commonwealth, 240 S.W.2d 852 (Ky. Ct. App. 1951). “356 , 281 S.W. 164 . The only material difference is that the instruction in this case limits the penalty to a fine of not exceeding $5000 and confinement of not more than 12 months, as required by an Act of the 1950 Legislature, KRS 431.”
Decker v. Russell, 357 S.W.2d 886 (Ky. Ct. App. 1962). “110(1) is a common law misdemeanor for which KRS 431.075 provides a penalty of imprisonment in jail for a term not exceeding twelve months or a maximum fine of $5,000 or both.”
May v. Commonwealth, 285 S.W.2d 160 (Ky. Ct. App. 1955). “However, in 1950 the Legislature limited the maximum punishment for an offense of this kind by enacting KRS 431.075, which reads: “Any person convicted of a common-law offense the penalty for which is not otherwise provided by statute shall be imprisoned in the county j ail for…”
Lambert v. Commonwealth, 377 S.W.2d 76 (Ky. Ct. App. 1964). “The general statute (KRS 431.075), which provided penalties for common law offenses not otherwise provided by statute, applied.”
Marshall v. Commonwealth, 482 S.W.2d 765 (Ky. Ct. App. 1972). “120 which authorizes punishment from two to ten years in prison on a finding of guilt; and for attempted breaking and entering, a common law offense (Roberson, Criminal Law, Section 248), punishable under KRS 431.075 at a maximum of a year in jail, a fine not to exceed $5,000,…”
Parsley v. Commonwealth, 272 S.W.2d 326 (Ky. Ct. App. 1954). “The minimum for the common law offense of assault and battery was not inflicted in the instant case because KRS 431.075 provides that the penalty for a common law offense, not otherwise provided by statute, shall be imprisonment in the county jail for a term not exceeding twelve…”
Bentley v. Commonwealth, 269 S.W.2d 253 (Ky. Ct. App. 1954). “666, now KRS 431.075. The general rule is that the court or jury in assessing the punishment of an *255 offense fixed by statute must set same within the statutory limitations, and a punishment assessed at less than the minimum prescribed by the statute is no less illegal than…”
Gibson v. Commonwealth, 328 S.W.2d 162 (Ky. Ct. App. 1959). “However, KRS 431.075 provides a general penalty for any common law offense for which the penalty is not otherwise provided by statute, the limits of the general penalty being a one-year jail sentence and a $5,000 fine.”
Small v. Commonwealth, 257 S.W.2d 906 (Ky. Ct. App. 1953). “KRS 431.075. The jury gave the defendant the maximum fine provided for the offense of which he was convicted.”
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