Miller v. Commonwealth
Court of Appeals of Kentucky
Case 9 — Prosecution against George Miller for Setting up a Faro Bank. APPEAL FROM FAYETTE CIRCUIT COURT. Defendant Convicted and Appeals. The appellant complains of the following errors of the lower court.on this trial: 1.¡Error in overruling demurrer to the indictment because it charges more than one offense.
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Case 9 — Prosecution against George Miller for Setting up a Faro Bank. APPEAL FROM FAYETTE CIRCUIT COURT. Defendant Convicted and Appeals. The appellant complains of the following errors of the lower court.on this trial: 1.¡Error in overruling demurrer to the indictment because it charges more than one offense. Cr. 'Code, sec. 126; Ellis v. Com., 78 Ky., 130; Waddle v. Com., 84 Ky., 279; Com. v. Monarch, 6 Bush, 298; Com. v. Barnes, 4 J. J. M., 177; Ritter V. Com., 18 B. M., 35. '2. The court misinstrueted the jury. 3. The court erred in impanelling the jury. 4. The court erred in refusing to…
1Opinion of the Court
Opinion op the cotjbt by
JUDGE HOBSON
Apfirming.
The first question made in this case is as to the sufficiency of the indictment, which is as follows: “The grand jury of Fayette county, in the name and by the authority of the Commonwealth of Kentucky, accuse George Miller and Tim McCauliffe of the crime of setting up a faro bank, committed as follows, viz.: That said George Miller and Tim McCauliffe on the 23d day of December, 1902, in the county aforesaid, did unlawfully and willfully in rooms in a building on Limestone street, between Main and Short and over what is known as Heinl’s saloon,…
2Cases cited6 opinions
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
- Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901
- Sutton v. CommonwealthCourt of Appeals of Kentucky · 1895
- Knoxville Nursery Co. v. CommonwealthCourt of Appeals of Kentucky · 1900
- Couchman's Admr. v. CouchmanCourt of Appeals of Kentucky · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lovelace v. CommonwealthCourt of Appeals of Kentucky · 1922
- Dabney v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
- Jones v. CommonwealthCourt of Appeals of Kentucky · 1880