Commonwealth v. Poindexter
Court of Appeals of Kentucky
Appeal from Caldwell Circnit Court. J. F. Gordon, Circuit Judge. Defendants convicted and appeal.- There it no statute defining the offense charged in the indictment. An indictment following the approved 'and ordinary common la-w form for the offense will be good. Robinson’s Criminal, Sec. 503; 22 Am. & Eng.
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Appeal from Caldwell Circnit Court. J. F. Gordon, Circuit Judge. Defendants convicted and appeal.- There it no statute defining the offense charged in the indictment. An indictment following the approved 'and ordinary common la-w form for the offense will be good. Robinson’s Criminal, Sec. 503; 22 Am. & Eng. Ency-of Law I, Ed. 880. It seems to us that this indictment sufficiently charged the common law -offense of sodomy and that the v-erdict -of jury on the trial below should not have been disturbed.
1Opinion of the Court
Opinion op the Court by
Chief Justice Settle
Affirming.
The appellees, C. IT. Poindexter and Fria-nk Moore, both negroes, were indicted in tbe court below for *721trial they severally entered' a plea of guilty, and the trial jury by the verdict returned 'found them guilty, and fixed their punishment at confinement in the penitentiary two years each. After the return of the verdict, appellees entered a motion and grounds for a new trial. The principal ground urged for the new trial was that in entering the plea of guilty on the trial they and their counsel labored under a misap'prehension of the law,…
2Cases cited3 opinions
- Prindle v. StateCourt of Criminal Appeals of Texas · 1893
- People v. BoyleCalifornia Supreme Court · 1897
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1906
3Cited by26 opinions
- Commonwealth v. WassonKentucky Supreme Court · 1992
- Kallas v. StateIndiana Supreme Court · 1949
- Harris v. StateAlaska Supreme Court · 1969
- Glover v. StateIndiana Supreme Court · 1913
- State v. WhitmarshSouth Dakota Supreme Court · 1910
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