Pence v. Commonwealth
Court of Appeals of Kentucky
Case 105 — INDICTMENT APPEAL PROM BREATHITT CIRCUIT COURT. 1. The making of an order filing the indictment and the indorsement of filing by the clerk were essential to its validity. (Criminal Code, sec. 121.) .2. The failure of' the clerk to make the order and-indorsement was a clerical misprision which could only be corrected by the court on motion upon reasonable notice.
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Case 105 — INDICTMENT APPEAL PROM BREATHITT CIRCUIT COURT. 1. The making of an order filing the indictment and the indorsement of filing by the clerk were essential to its validity. (Criminal Code, sec. 121.) .2. The failure of' the clerk to make the order and-indorsement was a clerical misprision which could only be corrected by the court on motion upon reasonable notice. (Civil Code, sec. 519.) •3. An order or judgment nunc pro tunc can only be entered when it has previously been ordered by the court to be entered but omitted by the clerk; that was not the case here. (12 Am. and Eng. Ency.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The two appellants, Henly Hays and.William Pence, •were indicted and convicted for burning the storehouse ■of Obediali Roberts, and have appealed to this court. Much of the testimony upon which Hays was convicted consisted of his own confessions, and as to Pence it is plain that he was wearing upon his person shoes that had been in this store, and in the endeavor to account for the manner in which he obtained-the possession, failed to make it satisfactory to the jury, and in fact never obtained them in the manner detailed by him. He was with Hays…
2Cited by5 opinions
- Hendrickson v. CommonwealthCourt of Appeals of Kentucky · 1912
- Duroff & Duke v. CommonwealthCourt of Appeals of Kentucky · 1921
- Schroufe v. CommonwealthCourt of Appeals of Kentucky · 1911
- Smith v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Toppass v. CommonwealthCourt of Appeals of Kentucky · 2002