Legal Opinion

Smith v. Commonwealth

Court of Appeals of Kentucky

Decided October 2, 1864PublishedCited by 19 opinions

CASE 34 — INDICTMENT cited Whart. Am. Cr, L., sec. 930; Wharton's Med. Juris., pp. 46, 47, 43, 45, 146-7 — 8, 151, 152. cited 1 Hawk. P. C., 97.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion oe the court:

Robert Smith, convicted by the verdict of a jury, and sen* tenced by the circuit court to be hung, oh an indictment charging him with the murder of Frederick Landaur, appeals to this court for a reversal, on the ground that the indictment is insufficient, and that the circuit judge erred in giving and in withholding instructions on the trial.

Considering the indictment substantially and clearly good, we will confine our revision to questions involved in the instructions. But we must first notice, in limine, an objection to the jurisdiction of…

2Cases cited1 opinion

  1. Clem v. CommonwealthCourt of Appeals of Kentucky · 1860

3Cited by19 opinions

  1. State v. HarrisonWest Virginia Supreme Court · 1892
  2. Aszman v. StateIndiana Supreme Court · 1890
  3. State v. HockettSupreme Court of Iowa · 1886
  4. Guiteau's CaseDistrict Court, S.D. New York · 1882
  5. Berry v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929

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