Tye v. Commonwealth

Opinion by

Judge Hargis:

The appellant was not in legal jeopardy at the time the court, upon motion of the commonwealth’s attorney, quashed the indictment and resubmitted the charge to the grand jury, because no part of the jury had been empannelled, which must precede the reading of the indictment and statement of the defendant’s plea. Buckner & Bullitt’s Crim. Code (1876), §§ 217-219.

The evidence offered to be introduced by the accused was competent and relevant to the issue, but the witness whom he sought to contradict by it should have been examined concerning the matters sought to be…