Legal Opinion

Greenwell v. Commonwealth

Court of Appeals of Kentucky

Decided March 22, 1907PublishedCited by 18 opinions

CASE 22. — PROSECUTION AGAINST CHARLES M. GREEN-WELL, WEBB AND RUSSELL GREENWELL FOR MALICIOUSLY SHOOTING AND WOUNDING OVER-TON NEWTON WITH INTENT TO KILL. Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Defendants Charles M. and Webb G-reenwell convicted and appeal. POINTS AND AUTHORITIES. 1. The indictment charges more than one offense and the 'demurrer should have been sustained. (Criminal Code, section 126; Ky.

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CASE 22. — PROSECUTION AGAINST CHARLES M. GREEN-WELL, WEBB AND RUSSELL GREENWELL FOR MALICIOUSLY SHOOTING AND WOUNDING OVER-TON NEWTON WITH INTENT TO KILL. Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Defendants Charles M. and Webb G-reenwell convicted and appeal. POINTS AND AUTHORITIES. 1. The indictment charges more than one offense and the 'demurrer should have been sustained. (Criminal Code, section 126; Ky. Stats., section 1166; Commonwealth v. Patrick, 90 Ky., 607.) 2. Every instruction must be based upon a theory supported by evidence. 3. The instruction on…

1Opinion of the Court

Opinion op the Court by

Judge Hobson

Affirming.

Charles M. Greenwell, Webb Greenwell, and Russell Greenwell were jointly indicted in the Nelson circuit court under section 1166, Ky. Stats., 1903, for *196maliciously -wounding Overton Newton, with intent to kill him. On a trial before the jury Eussell Green-well wás acquitted, but Charles M. and Webb Green-well were convicted; their punishment being fixed at three years in the penitentiary.

They ask a reversal of the judgment on the following grounds: (1) The court erred in overruling their demurrer to the indictment. (2) The court erred in the…

2Cases cited4 opinions

  1. Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
  2. Benge v. CommonwealthCourt of Appeals of Kentucky · 1891
  3. Commonwealth v. LoweCourt of Appeals of Kentucky · 1903
  4. Commonwealth v. PatrickCourt of Appeals of Kentucky · 1883

3Cited by18 opinions

  1. Watkins v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Hogan v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
  3. McGehee v. CommonwealthCourt of Appeals of Kentucky · 1918
  4. Commonwealth v. LawsonCourt of Appeals of Kentucky · 1915
  5. Pack v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940

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