Legal Opinion

Williams v. Commonwealth

Court of Appeals of Kentucky

Decided October 7, 1879PublishedCited by 41 opinions

Case 20—INDICTMENT APPEAL from graves circuit court. The second prosecution is barred by the first. (O’Brien v. The Commonwealth, 9 Bush, 333; Commonwealth v. Daniels, MS. Opin., 1876; Cooley on Constitutional Lim., 328; Tully v. Commonwealth, 11 Bush, 154.) 'The Attorney for the Commonwealth may, with the permission of the Court, dismiss an indictment at any time before the case is given to the jury.

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Case 20—INDICTMENT APPEAL from graves circuit court. The second prosecution is barred by the first. (O’Brien v. The Commonwealth, 9 Bush, 333; Commonwealth v. Daniels, MS. Opin., 1876; Cooley on Constitutional Lim., 328; Tully v. Commonwealth, 11 Bush, 154.) 'The Attorney for the Commonwealth may, with the permission of the Court, dismiss an indictment at any time before the case is given to the jury. (Section 243, Criminal Code; O’Brien v. The Commonwealth, 9 Bush, 333; Wilson v. The Commonwealth, 3 Bush; Wharton’s Am. Crim. Law, 2d vol., sec. 1833.)

1Opinion of the Court

JUDGE HINES

delivered the opinion of the court.

In April, 1879, appellant was indicted, and charged in •tone count of the indictment with grand larceny, and in another with receiving the same goods, knowing them to have been stolen. To this indictment he pleaded not guilty, ■ and the evidence for the Commonwealth and the accused having been heard, the Commonwealth’s Attorney moved 'to dismiss the indictment and refer it to the grand jury, 'which motion the court sustained over the objection of appellant. Subsequently another indictment was returned, the same as the one dismissed, with the…

2Cases cited3 opinions

  1. Bailey v. CommonwealthCourt of Appeals of Kentucky · 1876
  2. Commonwealth v. McChordCourt of Appeals of Kentucky · 1834
  3. Commonwealth v. FosterCourt of Appeals of Kentucky · 1860

3Cited by41 opinions

  1. Hardy v. RussellCourt of Appeals of Kentucky · 1918
  2. Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. Bennett v. CommonwealthCourt of Appeals of Kentucky · 1912
  4. Baker v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
  5. Keith v. CommonwealthCourt of Appeals of Kentucky · 1923

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