Cupp v. Commonwealth
Court of Appeals of Kentucky
Case 7 — INDICTMENT APPEAL FROM GRAVES CIRCUIT COURT. An indictment is defective, on the ground that it charges more than one offense, when in the first count A and B are charged with cutting and wounding with intent to kill; in the second count “ A ” is charged with the cutting, and “ B ” with aiding and abetting, and in the third count “ B ” is charged with cutting, and “ A ” with aiding and abetting.
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Case 7 — INDICTMENT APPEAL FROM GRAVES CIRCUIT COURT. An indictment is defective, on the ground that it charges more than one offense, when in the first count A and B are charged with cutting and wounding with intent to kill; in the second count “ A ” is charged with the cutting, and “ B ” with aiding and abetting, and in the third count “ B ” is charged with cutting, and “ A ” with aiding and abetting. (Criminal Code, sections 126,127,257; Commonwealth v. ¡Patrick, 80 Ky., 605; Coppage v. Commonwealth, 3 Bush, 532.) The indictment does not charge different offenses within the meaning of…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellant, Charles Cupp, was, jointly with Bob Cupp, indicted for the offense of willfully and maliciously cutting with a knife Morrow Kitts, with intention to kill him, of which he did not die. The *37indictment contains three, counts. In the first both of them are charged with the cutting; in the second, Robt. Cupp is charged therewith, and appellant with being present, counseling, aiding or abetting; and in the third, appellant is charged as principal, and Bob Cupp as aider or abettor. By the verdict, appellant was found guilty as charged in the…
2Cases cited1 opinion
- Commonwealth v. PatrickCourt of Appeals of Kentucky · 1883
3Cited by15 opinions
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- Price v. CommonwealthKentucky Supreme Court · 2001
- Commonwealth v. HargisCourt of Appeals of Kentucky · 1907
- Christie v. CommonwealthCourt of Appeals of Kentucky · 1922
- Balee v. CommonwealthCourt of Appeals of Kentucky · 1913
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