Ward v. Commonwealth
Court of Appeals of Kentucky
Case 21 — INDICTMENT APPEAL PROM GREEN CRIMINAL COURT. 1. An indictment for an offense created by statute must describe the offense in the words of the statute, or in words of similar import. (Conner v. Commonwealth, 13 Bush, 721; Tully v. Commonwealth, 11 Bush, 154; Taylor v. Commonwealth, 1 Duv. 161.) 2. Appellant was convicted as an aider and abettor of the robbery.
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Case 21 — INDICTMENT APPEAL PROM GREEN CRIMINAL COURT. 1. An indictment for an offense created by statute must describe the offense in the words of the statute, or in words of similar import. (Conner v. Commonwealth, 13 Bush, 721; Tully v. Commonwealth, 11 Bush, 154; Taylor v. Commonwealth, 1 Duv. 161.) 2. Appellant was convicted as an aider and abettor of the robbery. This could not have been properly done until after a principal offender had been convicted. 3. The Commonwealth having set out the specific acts constituting the offense charged, it was bound to confine its proof to those acts.…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
The appellant and John H. Biggs were indicted for robbery charged to have been committed by taking certain articles of personal property from a dwelling-house, by putting, the wife of the proprietor in fear. The appellant was found guilty, and his punishment fixed at two years and six months confinement in the penitentiary.
The first error complained of was the action of the court in overruling a demurrer to the indictment; and the second was *235in overruling a motion in arrest of judgment. The only ground hpon which a motion’ in arrest of judgment…
2Cases cited1 opinion
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1870
3Cited by10 opinions
- Minniard v. CommonwealthCourt of Appeals of Kentucky · 1914
- Mitchell v. CommonwealthCourt of Appeals of Kentucky · 1889
- Fuson v. CommonwealthCourt of Appeals of Kentucky · 1923
- Frierson v. CommonwealthCourt of Appeals of Kentucky · 1917
- Landrum v. CommonwealthCourt of Appeals of Kentucky · 1906
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