Moody v. Commonwealth
Court of Appeals of Kentucky
CASE 1 — cited Stanton's Rev. Stat., 404; Criminal Code of Practice, secs. 121 and 273; Fible vs. Cap-linger, 13 B. Mon., 466 ; Walston vs. Commonwealth, 16 lb., 34; Comely vs. Same, 17 lb., 409; Qoddard vs. Maddock, Mss. Opin. Dec., 1854; Tomlin vs. Commonwealth, Mss.
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CASE 1 — cited Stanton's Rev. Stat., 404; Criminal Code of Practice, secs. 121 and 273; Fible vs. Cap-linger, 13 B. Mon., 466 ; Walston vs. Commonwealth, 16 lb., 34; Comely vs. Same, 17 lb., 409; Qoddard vs. Maddock, Mss. Opin. Dec., 1854; Tomlin vs. Commonwealth, Mss. Opin., Dec., 1855; Constitution of Kentucky, art. 8, sec. 20; Commonwealth vs. Hart, 6 J. J. Marshall, 120; Same vs. Pope, 3 Dana, 418; Same vs. Rowan, 3 Dana, 396; Same vs. Tibbs, 1 Dana, 524; 1 Greenleaf on Evidence, secs.-82 and 88. cited 1 Stanton's Rev. Stat., 404; Code of Practice, sec. IS; 1 Arch. Cr. Prac. and PL, 928,…
1Opinion of the Court
JUD&E BULLITT
delivered the opinion op the court:
Moody was indicted for challenging Horace Heffren to fight in single combat, with deadly weapons. There was a verdict against him for a fine of $500; a motion in arrest of judgment, and for a new trial, were overruled, and a judgment was rendered upon the verdict, from which he appealed.
1. It is contended that the indictment is defective because it does not aver that either Moody or Heffren was a citizen of this State.
Lirst. It is urged that the legislature was deprived of the power to punish a person for challenging any one not a citizen of…
2Cases cited1 opinion
- Commonwealth v. PopeCourt of Appeals of Kentucky · 1835
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