Legal Opinion

Commonwealth v. Mosser

Court of Appeals of Kentucky

Decided May 5, 1909PublishedCited by 12 opinions

Appeal from Trimble Circuit Court. Chas. C. Marshall, Circuit Judge. Indictment dismissed on demurrer aud the Commonwealth lappeals. We submit that as the offense of manslaughter was charged and sufficiently described in the indictment, the word “maliciously” did n'ot nor could either mislead or prejudice the accused, and consequently should not be held to vitiate or impair the indictment.

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Appeal from Trimble Circuit Court. Chas. C. Marshall, Circuit Judge. Indictment dismissed on demurrer aud the Commonwealth lappeals. We submit that as the offense of manslaughter was charged and sufficiently described in the indictment, the word “maliciously” did n'ot nor could either mislead or prejudice the accused, and consequently should not be held to vitiate or impair the indictment. In our opinion there was no ground foi either demurrer or motion in arrest of judgment, and as we preceive no other error in the record, the judgment is affirmed. AUTHORITIES CITED. Roberson’s Criminal Law,…

1Opinion of the Court

Opinion op the Court by

Chiep Justice Settle

Affirming.

The following indictment was found and returned against the appellee by -the- grand jury of Trimble county: “The grand jurors of'the county of Trimble in the name land by the authority o-f the Commonwealth of Kentucky, accuse Harry Mosser of the crime of manslaughter, committed in manner and form as follows, to-wit:' The said Harry Mosser in the said .county of Trimble on the --- day of September., 1908, and before the finding of -this indictment, did unlawfully, willfully, and feloniously kill Mattie Hensley by shooting the said Mattie…

2Cases cited1 opinion

  1. Mitchell v. CommonwealthCourt of Appeals of Kentucky · 1889

3Cited by12 opinions

  1. Bradley v. CommonwealthCourt of Appeals of Kentucky · 1923
  2. Curtis v. CommonwealthCourt of Appeals of Kentucky · 1916
  3. Wiseman v. CommonwealthKentucky Supreme Court · 1979
  4. Burris v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
  5. Perciful v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1925

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