Powers v. Commonwealth
Court of Appeals of Kentucky
Case 49 — Indictment Against Caleb Powers for Murder — APPEAL FROM SCOTT CIRCUIT COURT. Caleb Powers was Convicted of Murder and Appeals. 1. If the pardon which defendant plead 'on the calling of the case for .trial is valid, his motion to dismiss the indictment should have been sustained. The plea set out the fact that W. S. Taylor, who issued the pardon, was de facto and acting Governor when it was issued.
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Case 49 — Indictment Against Caleb Powers for Murder — APPEAL FROM SCOTT CIRCUIT COURT. Caleb Powers was Convicted of Murder and Appeals. 1. If the pardon which defendant plead 'on the calling of the case for .trial is valid, his motion to dismiss the indictment should have been sustained. The plea set out the fact that W. S. Taylor, who issued the pardon, was de facto and acting Governor when it was issued. There was no denial either verbal or written of this statement in the circuit court, but the court overruled the motion nevertheless. The statement of the .plea not being questioned,…
1Opinion of the Court
Opinion of the court bt
JUDGE DuRELLE
Reversing,
followed BY THE DISSENTING OPINION OF JUDGE WHITE, IN WHICH CHIEF JUSTICE PAYNTER, and JUDGE HOBSON concur.
This appeal is from a judgment of conviction in'the Scott Circuit Court, to which the case was transferred by change of venue from Franklin county, upon an indictment charging appellant as accessory before the fact to the murder of William Goebel. The indictment charges the murder to have been the result of conspiracy between appellant and others, and is as follows: “The grand jury of the county of Franklin, in the name and by the authority…
2Cases cited30 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Ruloff v. . the PeopleNew York Court of Appeals · 1871
- Gibson v. StateSupreme Court of Alabama · 1889
- Branch v. FaustIndiana Supreme Court · 1888
- Williams v. StateSupreme Court of Alabama · 1886
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3Cited by70 opinions
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- Commonwealth v. MatchettMassachusetts Supreme Judicial Court · 1982
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- United States v. CrimminsCourt of Appeals for the Second Circuit · 1941
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
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