Bramlett v. McVey
Court of Appeals of Kentucky
Case 24 — PETITION EQUITY — APPEAL FROM GRANT CIRCUIT COURT. 1. A judgment of conviction against one wlio has had no opportunity to be heard is void.
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Case 24 — PETITION EQUITY — APPEAL FROM GRANT CIRCUIT COURT. 1. A judgment of conviction against one wlio has had no opportunity to be heard is void. (Constitution of Kentucky, art. 13, sec. 12.) 2. The principle established in civil cases, that where the plaintiff acts in good faith, and the return of the officer, though false, shows the execution of the process, it can not be impeached to the prejudice of the plaintiff, who is an innocent party to the fraud, has no application in criminal prosecutions. (Taylor v. Lewis, 2 J. J. Mar., 400; Serg’t Ct. of Appeals v. George, 5 Litt., 199;…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellants, John W. Bramlett and G. W. Bramlett, state in their petition they were indicted in the Grant Circuit Court, charged with the offense of trespass in taking and carrying away a horse in possession and property of I. Marksbury, and upon indictment a summons was issued, directed to the sheriff of Nicholas. *153county, who indorsed thereon he had executed it upon both defendants, when, in fact, he never did, in any manner, execute it upon John W. Bramlett; that at a subsequent term of that court, though neither of them was present at the time,…
2Cases cited1 opinion
- Shoffet v. MenifeeCourt of Appeals of Kentucky · 1836
3Cited by16 opinions
- Smoot v. JuddSupreme Court of Missouri · 1904
- Logsdon v. LogsdonCourt of Appeals of Kentucky · 1924
- Nuttallburg Smokeless Fuel Co. v. First National BankWest Virginia Supreme Court · 1921
- Ewell v. JacksonCourt of Appeals of Kentucky · 1908
- Reese Lumber Co. v. Licking Coal & Lumber Co.Court of Appeals of Kentucky · 1914
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