Legal Opinion

Commonwealth v. Brewer

Court of Appeals of Kentucky

Decided April 30, 1902PublishedCited by 4 opinions

Case 31 — Indictment por Forger* against Grant Brewer Dismissed appeal prom lewis circuit court. Indictment Dismissed and Commonwealth Appeals. The court below sustained a demurrer to the indictment and we ask a reversal for the following reasons: 1. The proper way to set aside an indictment is by motion, and not by demurrer. On motion to quash, because the witnesses’ names were not at the foot of or on the Indictment, the court could hear proof.

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Case 31 — Indictment por Forger* against Grant Brewer Dismissed appeal prom lewis circuit court. Indictment Dismissed and Commonwealth Appeals. The court below sustained a demurrer to the indictment and we ask a reversal for the following reasons: 1. The proper way to set aside an indictment is by motion, and not by demurrer. On motion to quash, because the witnesses’ names were not at the foot of or on the Indictment, the court could hear proof. The witnesses may have been before the grand jury and their names omitted by mistake. 2. The allegations in the indictment show that the paper named…

1Opinion of the Court

Oiuxiox of the coukt by

JUDGE DURELiLE

Affirming.

A demurrer was sustained by the circuit court to an indictment charging appellee with the crime of forgery, in that he “did unlawfully, willfully, and feloniously sign and forge . . . the names of Robert Brewer, chairman, W. H. Crawford, trustee, and Wm. Thompson, trustee, to an *219instrument of writing purporting to be a copy of an original contract between teacher and trustees of common school, which contract is in words and figures as follows: ‘Copy of original Contract. Contract between Teacher and Trustee. This article of agreement, entered…

2Cases cited5 opinions

  1. Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
  2. Commonwealth v. WilsonCourt of Appeals of Kentucky · 1889
  3. Commonwealth v. SmithCourt of Appeals of Kentucky · 1874
  4. Sandy River Cannel Coal Co. v. CaudellCourt of Appeals of Kentucky · 1900
  5. Commonwealth v. GlassCourt of Appeals of Kentucky · 1899

3Cited by4 opinions

  1. United States v. PhillipsUnited States Court of Military Appeals · 1964
  2. State v. AlexanderMontana Supreme Court · 1925
  3. Ridings v. Commonwealth.Court of Appeals of Kentucky (pre-1976) · 1932
  4. Lawless v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925

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