Coe v. Commonwealth
Court of Appeals of Kentucky
Case 108 — INDICTMENT— The facts and circumstances alleged in the indictment do not constitute the offense of manslaughter, and, therefore, the demurrer should have been sustained. (Grim. Code, sec. 124; Idem, sec. 161, subsec. 2.) The indictment is ’sufficient. (Bishop on Crim. Rroo., vol.-2, secs. 502, 514; People v. Choiser, 10 Cal., 310; People v. Stevenson, 9 Cal., 273; Rex v. Mackalley, 9 Co., 65, 67a; Rex v. Briggs, 1 Moody, 318.)
1Opinion of the Court
JUDGE LEWIS
delivered the opinion of the court.
The offense charged in .the indictment in this case is manslaughter, alleged to have been committed by the accused unlawfully, willfully, maliciously, feloniously, in a sudden affray, and not in his. self defense. The defendant filed a demurrer to the indictment, and also, after verdict of the jury, moved in arrest of judgment.
The only ground upon which a judgment may be arrested is, as prescribed in section 276, Criminal Code, that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court.
One of…
2Cited by5 opinions
- Commonwealth v. TobinCourt of Appeals of Kentucky · 1910
- State v. UhlerNorth Dakota Supreme Court · 1916
- Bynum v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
- Austin v. CommonwealthCourt of Appeals of Kentucky · 1924
- Frey v. CommonwealthCourt of Appeals of Kentucky · 1916