Gilbert v. Commonwealth
Court of Appeals of Kentucky
Case 113 — INDICTMENT FOR HORSE STEALING APPEAL FROM OWEN CIRCUIT COURT. 1. The court erred in overruling the appellant’s motion to set aside the indictment herein because section 120 of the Criminal Code was not complied with, in that the name of John Loneclser, a witness who was examined by the grand jury which found and returned the indictment herein, was not written at the foot of or on the indictment herein. Criminal Code, sec. 120; Sutton v. Com., 17 Ky.
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Case 113 — INDICTMENT FOR HORSE STEALING APPEAL FROM OWEN CIRCUIT COURT. 1. The court erred in overruling the appellant’s motion to set aside the indictment herein because section 120 of the Criminal Code was not complied with, in that the name of John Loneclser, a witness who was examined by the grand jury which found and returned the indictment herein, was not written at the foot of or on the indictment herein. Criminal Code, sec. 120; Sutton v. Com., 17 Ky. Law Rep., 186. 2. The court erred in overruling the demurrer of the appellant to •the indictment herein for the following reasons,…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPINION OE THE COURT.
This appeal is prosecuted from a judgment of the Owen Circuit rendered upon a verdict against the appellant upon an indictment charging him and others with the offense of horse-stealing. Numerous grounds were filed in support of the motion for a new trial, and the same having been overruled, appellant asks a reversal on account of various errors of the trial court.
We deem it unnecessary to notice in detail the several reasons assigned for reversal.
Appellant complains of Instruction No. 1 given by the trial court. The instruction is not as clear as…
2Cited by7 opinions
- Goff v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1920
- Rose v. EdmondsCourt of Appeals of Kentucky (pre-1976) · 1937
- Jackson v. StateSupreme Court of Arkansas · 1937
- Napier v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
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