Saylor v. Commonwealth
Court of Appeals of Kentucky
.CASE 88. — PROSECUTION AGAINST JOHN SAYLOR AND JOHN SMITH FOR ESCAPING FROM .JAIL. — May 8. Appeal from Knox Circuit Court. H. C. FaulkNer, Circuit Judge.
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.CASE 88. — PROSECUTION AGAINST JOHN SAYLOR AND JOHN SMITH FOR ESCAPING FROM .JAIL. — May 8. Appeal from Knox Circuit Court. H. C. FaulkNer, Circuit Judge. Defendants convicted and appeal. 1. The demurrer of the appellant, to the indictment, under which he was tried, should have been sustained by the lower court, because it does not state facts sufficient to constitute an offense, as provided by section 1338 of the Kentucky Statutes. 2. There is no legal evidence that attempts to prove that the appellant was under sentence of imprisonment. 3. There is no legal evidence to show how or under…
1Opinion of the Court
OpmioN op the Court by
Chiep Justice Hobson—
Reversing.
These two appeals involving the same facts will be determined together. At the April term, 1905, of the Knox circuit court, appellants were fined for assault. The judgment in the ease in these words: “This case was called for trial, the parties announced ready, and came a jury, * * ? -who were sworn as the law directs, and, having heard the evidence and instructions of the court, returned the following verdict:. ‘We, the jury, agree and find the defendants guilty, John Smith and John Saylor, and fix their fine at two and one-half dollars…
2Cited by7 opinions
- State v. BakerSupreme Court of Missouri · 1947
- Miller County v. MageeSupreme Court of Arkansas · 1928
- Bentley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1954
- State v. SmithCourt of Appeals of Arizona · 1967
- State, in Interest of MsNew Jersey Superior Court Appellate Division · 1974
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