Commonwealth v. Bright
Court of Appeals of Kentucky
Case 47—INDICTMENT APPEAL FROM SHELBY CIRCUIT COURT. 1. Under the indictment appellee might have been convicted of a felony or of an assault and battery. 2. The first conviction is no bar to the indictment. (Commonwealth v. Hawkins, n Bush, 603.) .,3. If appellee was in fact tried before the justice for assault and battery under the name of a breach of the peace, the justice had no jurisdiction, and the trial is a nullity.
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Case 47—INDICTMENT APPEAL FROM SHELBY CIRCUIT COURT. 1. Under the indictment appellee might have been convicted of a felony or of an assault and battery. 2. The first conviction is no bar to the indictment. (Commonwealth v. Hawkins, n Bush, 603.) .,3. If appellee was in fact tried before the justice for assault and battery under the name of a breach of the peace, the justice had no jurisdiction, and the trial is a nullity. (Gen. Stat., 29, art. 6, sec. 2; Ibid, art. 19; Crim. Code, secs. 13, 177, 262, 263; 1 Acts 1878, pp. 32, 96; Gen. Stat., B. & F., 1221 ; 5 Dana, 330; Ely v. Thompson, 5, 3…
1Opinion of the Court
JUDGE HARGIS
delivered ti-ie opinion of the court.
The above cases involve the same question, and will be heard together.
James T. Bright was arrested, tried by a jury, convicted and fined before a justice for the offense of breach of the peace committed by assaulting and beating another. Afterwards he was indicted by the . grand jury for malicious wounding.
The acts alleged in the indictment to constitute the offense were the identical acts for which he was arrested, tried, and fined for the breach of the peace. The accused interposed a plea of former conviction, in which he disclosed the facts…
2Cases cited3 opinions
- Commonwealth v. HawkinsCourt of Appeals of Kentucky · 1876
- Commonwealth v. MillerCourt of Appeals of Kentucky · 1837
- Commonwealth v. FosterCourt of Appeals of Kentucky · 1860
3Cited by10 opinions
- Cornelison v. CommonwealthCourt of Appeals of Kentucky · 1886
- Edwards v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- Arnett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- Wait v. CommonwealthCourt of Appeals of Kentucky · 1902
- Commonwealth v. WilkersonCourt of Appeals of Kentucky · 1924
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