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