Legal Opinion

Reed v. Commonwealth

Court of Appeals of Kentucky

Decided May 10, 1870PublishedCited by 7 opinions

Case 67 —INDICTMENT APPEAL FROM M’CRACKEN CIRCUIT COURT. CITED Wharton’s Am. Odm, Law, 2d ed., pp. 107-9, 570, 563, 564 Criminal Code, secs. 334, 271, 272, 128, 123, 129, 236. 2 Bishop on Criminal Procedure, sec. 707. 1 Bishop on Crim. Pro. secs. 329, 300, 297, 303, 301, 496, 498. 1 Metcalfe, 368, Commonwealth v. Megowan. 1 Duvall, 90, Mount v. Commonwealth. 1 Metcalfe, 370, Commonwealth v. Payne.

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Case 67 —INDICTMENT APPEAL FROM M’CRACKEN CIRCUIT COURT. CITED Wharton’s Am. Odm, Law, 2d ed., pp. 107-9, 570, 563, 564 Criminal Code, secs. 334, 271, 272, 128, 123, 129, 236. 2 Bishop on Criminal Procedure, sec. 707. 1 Bishop on Crim. Pro. secs. 329, 300, 297, 303, 301, 496, 498. 1 Metcalfe, 368, Commonwealth v. Megowan. 1 Duvall, 90, Mount v. Commonwealth. 1 Metcalfe, 370, Commonwealth v. Payne. CITED 2 Russell on Crimes, pp. 97, 86, 101. Wharton’s American Criminal Law, p. 661.

1Opinion of the Court

JUDGE HARDIN

delivered the opinion oe the court.

The appellant, having been indicted, tried, and convicted of the crime of larceny, and sentenced to confinement in the penitentiary for three years and nine months, has appealed to this court for a reversal of the judgment. His counsel insist that the court below erred to his prejudice: 1. In refusing to arrest the judgment; and 2. In its rulings on motions to instruct the jury.

The first objection involves the inquiry, whether the indictment states facts constituting a public offense within the jurisdiction of the court. (Criminal Code, section…

2Cited by7 opinions

  1. Branson v. CommonwealthCourt of Appeals of Kentucky · 1891
  2. Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
  3. McCowan v. StateSupreme Court of Arkansas · 1893
  4. Hopper v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Hughes v. StateSupreme Court of Arkansas · 1913

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