Kennedy v. Commonwealth
Court of Appeals of Kentucky
Case 89 — INDICTMENT— APPEAL FROM ROCKCASTLE CIRCUIT COURT. 1. The special judge who tried the case had no right to preside, because he is judge of another district. (Cooley on Const. Law, 181; Gen. Stat., 187, 862; 3 Met., 574; art. 4, sec. 2, Const. Ky.) 2. A continuance should have been granted. (Arch. Crim. Prac. and Plead., 568; 7 Bush, 121.) 3. The evidence of Dunlap, &c., was competent.
Read the full summary
Case 89 — INDICTMENT— APPEAL FROM ROCKCASTLE CIRCUIT COURT. 1. The special judge who tried the case had no right to preside, because he is judge of another district. (Cooley on Const. Law, 181; Gen. Stat., 187, 862; 3 Met., 574; art. 4, sec. 2, Const. Ky.) 2. A continuance should have been granted. (Arch. Crim. Prac. and Plead., 568; 7 Bush, 121.) 3. The evidence of Dunlap, &c., was competent. (1 Met., 379; Kennedy v. Commonwealth, 14 Bush, 361.) 4. Appellant did not receive a fair and impartial trial. (Hardin, 174; 4 Bibb, 191; 3 lb., 347; subsec. 7, sec. 271, Civil Code.) •5. The court…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
This is the second appeal in this case. The opinion in the former appeal may be found in 14 Bush, page 340.
On the return of the cause to the Garrard circuit court, which is in the 8th district, the appellant moved, upon proper petition and affidavits, for a change of venue, and also objected to all the adjoining counties in that district, but did not object to Rockcastle, an adjoining county in 15th district. By consent of the appellant and his counsel and the attorney for the Commonwealth, the venue was ordered to be changed to Rockcastle, and it…
2Cited by5 opinions
- Morris v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948
- Conley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- Commonwealth v. HamptonKentucky Supreme Court · 1991
- Farrell v. CommonwealthCourt of Appeals of Kentucky · 1886
- James v. CammackCourt of Appeals of Kentucky · 1910