Reddy v. Commonwealth
Court of Appeals of Kentucky
Case 106 — INDICTMENT APPEAL FROM PENDLETON CIRCUIT COURT. The former conviction is a bar. The State can carve but one offense out of the same act or transaction and when it elects to prosecute for the lower grade of offense the law will not permit another prosecution for the higher grade.
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Case 106 — INDICTMENT APPEAL FROM PENDLETON CIRCUIT COURT. The former conviction is a bar. The State can carve but one offense out of the same act or transaction and when it elects to prosecute for the lower grade of offense the law will not permit another prosecution for the higher grade. (Wilson v. The State, 24 Com., 70; Triplett v. Commonwealth, 84 Ky., 195; Commonwealth v. Duncan, 91 Ky., 592: Commonwealth v. Bright, 78 Ky., 238; Commonwealth v. Hawkins, 11 Bush, 603; Commonwealth v. Miller, 5 Dana, 320; Fisher v. Commonwealth, 1 Bush, 211; 11 Am. & Eng. Ency. of Law, pp. 934, 935, 936,…
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
This is an appeal by John Reddy, Thomas Reddy and Chas. Wedding from the judgments rendered against them by the Pendleton Circuit Court, each separately, but aggregating $1,000, on an indictment in said court, charging them with wilfully and maliciously injuring the court house of said county by shooting through the windows. breaking the glass in same, and by shooting against the walls and ceilings of same, injuring said bnildipg.'
This indictment was laid under section 1258 of the Kentucky Statutes.
Upon the trial the dAemiants, in addition to…
2Cases cited2 opinions
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
- Commonwealth v. BrightCourt of Appeals of Kentucky · 1880
3Cited by4 opinions
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- Hughes v. CommonwealthCourt of Appeals of Kentucky · 1909
- Teague v. CommonwealthCourt of Appeals of Kentucky · 1916
- Commonwealth v. CrowderCourt of Appeals of Kentucky · 1917