Legal Opinion

Wilson v. Commonwealth

Court of Appeals of Kentucky

Decided January 16, 1867PublishedCited by 4 opinions

CASE 33 — INDICTMENT— APPEAL PROM BRECKINRIDSE CIRCUIT COURT. CITED— 1 Bishop, sec. 149; 1 Russell on Crimes, pp. 118, 474. Criminal Code, sec. 241. CITED— Criminal Code, sec., 335.

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion op the oourt:

This appeal is prosecuted to reverse a judgment sentencing the appellant to the penitentiary for two years on an indictment charging him with wounding Francis *106Fryrear, in January, 1864, with an ax, willfully and maliciously, with intent to kill him.

The accused first pleaded a dismission of a former indictment for the same offense; and a demurrer to that plea having been sustained, he then pleaded not guilty, and was tried and convicted on that issue.

The dismission of the first indictment by*the prosecut- ■ ing attorney, with the presumed…

2Cited by4 opinions

  1. Brown v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Burgess v. CommonwealthCourt of Appeals of Kentucky · 1917
  3. Commonwealth v. BranhamCourt of Appeals of Kentucky · 1871
  4. Morehead's Administratrix v. BittnerCourt of Appeals of Kentucky · 1899

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