Miller v. Commonwealth
Court of Appeals of Kentucky
CASE 35 — PROSECUTION AGAINST ANDREW MILLER FOR MURDER Appeal from Hardin Circuit Court. John A. Pulton, Special Judge. Defendant convicted and appeals- POINTS AND AUTHORITIES.
Read the full summary
CASE 35 — PROSECUTION AGAINST ANDREW MILLER FOR MURDER Appeal from Hardin Circuit Court. John A. Pulton, Special Judge. Defendant convicted and appeals- POINTS AND AUTHORITIES. The appellant before being arraigned and before pleading to the indictment, charging him with murder, filed a plea in abatement and motion to quash and set aside the indictment on the grounds tlhat he is a negro and persons of that race had been discriminated against by the jury commissioners in selecting the grand jury that found the indictment against him, on account of their race, and color, and offered to introduce…
1Opinion of the Court
Opinion op the Court by
Judge Settle
Affirming.
The appellant, Andrew Miller, was indicted in the Hardin circuit court for the crime of murder. The trial resulted in a verdict at the hands of the jury-finding him guilty and fixing his punishment at confinement in the penitentiary for life. Judgment was entered upon the verdict, and sentence pronounced in the usual manner. The appellant having been refused a new trial, complains of the judgment, and by this appeal asks its reversal, upon the sole ground .that *390the trial court erred in overruling his plea in abatement and motion to quash the…
2Cases cited14 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- Neal v. DelawareSupreme Court of the United States · 1881
- Gibson v. MississippiSupreme Court of the United States · 1896
- Carter v. TexasSupreme Court of the United States · 1900
- Tarrance v. FloridaSupreme Court of the United States · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McIntosh v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1963
- Commonwealth v. YungblutCourt of Appeals of Kentucky · 1914
- Owens v. CommonwealthCourt of Appeals of Kentucky · 1920
- Commonwealth v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1929
- Commonwealth v. StarrettCourt of Appeals of Kentucky · 1917
1 more not listed; retrieve them via the Exa API.