Rutherford v. Commonwealth
Court of Appeals of Kentucky
Case 8 — INDICTMENT FOB MURDER APPEAL PROM LOGAN CIRCUIT COURT. 1. The circuit court erred in admitting jurors, against the protest of appellant, who had formed opinions about his case from newspaper reports and rumors. (Constitution of Kentucky, art. 13, secs. 8, 12; 1 Coke’s Inst. 156 6; 3 Bac. Abr. 258; 2 Tidd, 780; Hale’s Hist. Com. Law, ch. 12; Selfridge’s Trial, 9; Burr’s Trial, vol. 1, p. 359; 3 Wharton’s Crim. Law, sec. 3065; Crim.
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Case 8 — INDICTMENT FOB MURDER APPEAL PROM LOGAN CIRCUIT COURT. 1. The circuit court erred in admitting jurors, against the protest of appellant, who had formed opinions about his case from newspaper reports and rumors. (Constitution of Kentucky, art. 13, secs. 8, 12; 1 Coke’s Inst. 156 6; 3 Bac. Abr. 258; 2 Tidd, 780; Hale’s Hist. Com. Law, ch. 12; Selfridge’s Trial, 9; Burr’s Trial, vol. 1, p. 359; 3 Wharton’s Crim. Law, sec. 3065; Crim. Code, secs. 334, 209, 239.) Under sec. 340 of the Code of 1877, this court may reverse for any error of law to the defendant’s prejudice. The circuit court…
1Opinion of the Court
JUDGE COFER
DELIVERED THE OPINION OP THE COURT.
Section 340 of the Criminal Code (Bullitt’s) provides, that “A judgment of conviction shall be reversed for any error of law to the defendant’s prejudice appearing on the record.” But sections 280 and 281 provide, that decisions of the court upon challenges to the panel, and for cause, upon motions to set aside an indictment, and upon motions for a hew trial, shall not be subject to exceptions; and in Terrell’s case (13 Bush, 246) we held, that as no exception could be taken to the decisions above enumerated, this court had no jurisdiction to…
2Cases cited1 opinion
- Terrell v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by40 opinions
- Crenshaw v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Bast v. CommonwealthCourt of Appeals of Kentucky · 1907
- Commonwealth v. WolfordKentucky Supreme Court · 1999
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- Frasure v. CommonwealthCourt of Appeals of Kentucky · 1916
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