Kentucky Revised Statutes

Ky. Rev. Stat. § 455.040 (2026)

Repealed, 1962

✓ current as of May 2026

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Catchline at repeal: Magistrate to notify county attorney of trial or examining trial. History: Repealed 1962 Ky. Acts ch. 234, sec. 61. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 128.

Notes of Decisions

Cited in 2 cases, 1958–1962 · leading case: Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958).

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Funk v. Milliken, 317 S.W.2d 499 (Ky. Ct. App. 1958). · cites it 3× “The lower court held that the percentage should be paid and the fee taxed except in instances where the county attorney “fails to attend or to participate” in the prosecution after having received written notice to attend under KRS 455.040. Subsection (1) (a) of KRS 69.”

Webster Cnty. v. Vaughn, 365 S.W.2d 109 (Ky. Ct. App. 1962). “Another statute, KRS 455.040, provides that the magistrate shall give written notice to the county attorney of the time and place of a trial of a criminal case and that his presence is requested.”

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