Gross v. Commonwealth
Court of Appeals of Kentucky
Case 121 — Prosecution against Laurence Gross for Horse Stealing. APPEAL PROM OWEN CIRCUIT COURT — -JOHN M. LASSING, CIRCUIT JUDGE. Defendant Convicted and Appeals. POINTS.
Read the full summary
Case 121 — Prosecution against Laurence Gross for Horse Stealing. APPEAL PROM OWEN CIRCUIT COURT — -JOHN M. LASSING, CIRCUIT JUDGE. Defendant Convicted and Appeals. POINTS. Defendant moved the court to set aside the verdict and judgment aforesaid, and in support of said motion filed grounds, -which we summarize and state as follows: 1. The indictment to which defendant was compelled to plead* and under which he was tried, was filed away at the June term* 1895, of said court, and was not resubmitted to the grand jury, or redoeketed by an order of the court. 2. The court erred in overruling a…
1Opinion of the Court
Opinion of the court by
Chief Justice BURNAM
Affirming.
Tbe appellant, Lawrence Gross, was indicted by tbe grand: jury of Owen county at the October term of the Owen circuit court, 1898, for stealing a horse belonging to W. B. Duvall. Several bench warrants were issued on this indictment, which were returned “Not found,” and at the June term, 1895, the indictment was, by order of court, filed away. On the 28th of November, 1903 — more than ten years after the indictment was returned — a bench warrant issued thereon by direction of the Commonwéalth’s attorney, under which, and a requisition,…
2Cases cited3 opinions
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1903
- Commonwealth v. BottomsCourt of Appeals of Kentucky · 1899
- Ashlock v. CommonwealthCourt of Appeals of Kentucky · 1846
3Cited by1 opinion
- Ruip v. KnightCourt of Appeals of Kentucky · 1964