Robinson v. Commonwealth
Court of Appeals of Kentucky
Case 61 —INDICTMENT— APPEAL PROM TAYLOR CIRCUIT COURT. The defendant by failing to object to the discharge of the first jury waived his right to a trial by that jury, and can not now claim that the discharge of the jury operated as an acquittal.
1Opinion of the Court
JUDGE HOLT
delivered tiie opinion op the court.
Richard Robinson was indicted at the June term, 1888,, of the Taylor circuit court for bigamy. The indictment charged him with marrying one Harriet Anderson in 1871, and while she was yet his lawful wife, and on March 22, 1888, with marrying one Mag "White. At the indictment term he was put upon tidal, the plea of “ not guilty” entered, and a jury sworn to try the issue. The testimony for the Commonwealth having been heard in part, it appeared that the last-named woman had been divorced from one John "White, her name prior to her marriage to him…
2Cases cited2 opinions
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
- O'Brian v. CommonwealthCourt of Appeals of Kentucky · 1872
3Cited by21 opinions
- Allen v. StateSupreme Court of Florida · 1906
- Gillespie v. StateIndiana Supreme Court · 1907
- Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Baker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
- People ex rel. Stabile v. Warden of the City PrisonAppellate Division of the Supreme Court of the State of New York · 1910
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