Toler v. Commonwealth
Court of Appeals of Kentucky
Case 92 — INDICTMENT— 1. As the indictment does not charge that the shooting was done "willfully,” it charges only a misdemeanor, and it was error to give instructions authorizing the jury to convict of a felony. (Gen. Stats., chap. 29, art. 6, sec. 2; Carroll’s Code, sec. 124; Flint v. Commonwealth, 81 Ky., 186.1 2. The order convening the special term was void because it did not conform to the statute.
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Case 92 — INDICTMENT— 1. As the indictment does not charge that the shooting was done "willfully,” it charges only a misdemeanor, and it was error to give instructions authorizing the jury to convict of a felony. (Gen. Stats., chap. 29, art. 6, sec. 2; Carroll’s Code, sec. 124; Flint v. Commonwealth, 81 Ky., 186.1 2. The order convening the special term was void because it did not conform to the statute. (Act concerning courts of justice, chap. 221, sec. 16, acts 1891-92-93, p. 1035.) 1. The indictment charges a felony. (Barnard v. Commonwealth, 22 S. W. Rep., 218; Johnson v. Commonwealth,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
The cases of Flint v. Commonwealth, 81 Ky., 186: Barnard v. Commonwealth, 94 Ky., 285 ; and Johnson v. Commonwealth, 94 Ky., 341, determine the question made as to the indictment in this case. Section 2, of article 6, chapter 29, General Statutes, makes it a felony where one willfully and maliciously shoots at and wounds another with an intention to kill him.
The accusation in the indictment is: That the defendant committed the crime of malicious shooting at and wounding Moses Roberts, with intent to kill him, committed as follows: “That the said…
2Cases cited3 opinions
- Barnard v. CommonwealthCourt of Appeals of Kentucky · 1893
- Flint v. CommonwealthCourt of Appeals of Kentucky · 1883
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1893
3Cited by4 opinions
- Phelps v. StateCourt of Criminal Appeals of Alabama · 1983
- Sloan v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925
- People ex rel. Childs v. Extraordinary Trial Term of the Supreme CourtAppellate Division of the Supreme Court of the State of New York · 1918
- Hensley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1936