Fain v. Commonwealth
Court of Appeals of Kentucky
Case 81 — Indictment foe Breaking Into a School House and Stealing Therefbom APPEAL FROM FAYETTE CIRCUIT COUBT. 1. The main question to be considered in this case is whether or not, -after a trial upon a perfectly valid indictment in a court Of competent jurisdiction, and a verdict having been returned, and the penalty fixed, and the granting of a new trial by reason of the fact that the court had misinstructed the jury as to the penalty for the offense, the attorney for the…
Read the full summary
Case 81 — Indictment foe Breaking Into a School House and Stealing Therefbom APPEAL FROM FAYETTE CIRCUIT COUBT. 1. The main question to be considered in this case is whether or not, -after a trial upon a perfectly valid indictment in a court Of competent jurisdiction, and a verdict having been returned, and the penalty fixed, and the granting of a new trial by reason of the fact that the court had misinstructed the jury as to the penalty for the offense, the attorney for the Commonwealth may upon his own motion, without the consent or knowledge of the accused, dismiss the indictment upon…
1Opinion of the Court
*547Opinion of the court by
JUDGE PAYNTER
Affirming.
The appellants were indicted by the grand jury of Fay-ette county for unlawfully, forcibly, and feloniously breaking into and entering the schoolhouse of common school district No. 30, and stealing therefrom an organ, the personal property of Mrs. Lizzie Wallace, etc. A trial of the indictment resulted in a conviction. They moved the court for a new trial, which was granted. Numerous reasons were assigned for granting it, but there do not appear from the record the considerations which influenced the court to do so. Subsequently, on motion of the…
2Cases cited2 opinions
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
- Green & Barren River Nav. Co. v. Chesapeake, Ohio & Southwestern RailroadCourt of Appeals of Kentucky · 1888
3Cited by8 opinions
- Hoskins v. CommonwealthCourt of Appeals of Kentucky · 1913
- McCreary v. CommonwealthCourt of Appeals of Kentucky · 1915
- Watson v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Foster v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
- State v. LarimoreIndiana Supreme Court · 1910
3 more not listed; retrieve them via the Exa API.