Commonwealth v. Branham
Court of Appeals of Kentucky
Case 73 — INDICTMENT— APPEAL EROM JEEEERSON CIRCUIT COURT. CITED 3 Bush, 106, Wilson v. Commonwealth. 1 Russell on Crimes, 120. Roscoe’s Criminal Evidence, 558.
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the court.
This appeal is prosecuted by the commonwealth for the reversal of a judgment of the Jefferson Circuit Court dismissing on demurrer an indictment against Matthew Branham, charging him with willfully, maliciously, and feloniously stabbing and cutting Peter Lewis with a chisel, described in the indictment as “ an edged instrument, or deadly weapon.”
The only essential inquiry in the case is, whether the *388instrument described is a deadly weapon within the meaning of the second section of article 6, chapter 28, of the Eevised Statutes. It is insisted by…
2Cases cited1 opinion
- Wilson v. CommonwealthCourt of Appeals of Kentucky · 1867
3Cited by6 opinions
- Commonwealth v. DavisMassachusetts Appeals Court · 1980
- Brown v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- People v. FreemanCalifornia Court of Appeal · 1927
- State v. LarkinMissouri Court of Appeals · 1887
- Burgess v. CommonwealthCourt of Appeals of Kentucky · 1917
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