Commonwealth v. Donoghue, 63 S.W.2d 3 (KY 1933), was a case decided by the Kentucky Court of Appeals

Kentucky Court of Appeals

The Kentucky Court of Appeals is the lower of Kentucky's two appellate courts, under the Kentucky Supreme Court. Prior to a 1975 amendment to the Kentucky Constitution the Kentucky Court of Appeals was the only appellate court in Kentucky....

 that upheld the ability of judges to create common law crimes in the state of Kentucky

Kentucky

The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...

, 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."

See also

• State v. Palendrano
  State v. Palendrano
  State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747 , was a legal case decided by the New Jersey Superior Court, Law Division, holding that the common law offense of being a common scold was no longer a crime despite the presence of reception statutes in the state...
  
  , a similar case in New Jersey
  New Jersey
  New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
  
  which reached a different conclusion.