Blyew v. Commonwealth
Court of Appeals of Kentucky
Case 35 —INDICTMENT— APPEAL FROM LEWIS CIRCUIT COURT. 1. Unless the former indictment was lost or dismissed, and a proper order made by the court, the grand jury had no right to return a second indictment, nor could appellant be tried thereon while the original proceeding was still pending. (Commonwealth v. Keger, 1 Duv., 240.) 2. Appellant was entitled to a new trial on account of tho separation of tho jury.
Read the full summary
Case 35 —INDICTMENT— APPEAL FROM LEWIS CIRCUIT COURT. 1. Unless the former indictment was lost or dismissed, and a proper order made by the court, the grand jury had no right to return a second indictment, nor could appellant be tried thereon while the original proceeding was still pending. (Commonwealth v. Keger, 1 Duv., 240.) 2. Appellant was entitled to a new trial on account of tho separation of tho jury. (Commonwealth v. Shields. 2 Bush 81.) 3. Where a dying declaration has been reduced to writing it can not be proved by parol. (Greenleaf on Evidence, vol. 1, sec. 161.) 4. Tho ndmissipn…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE ÓI'INION OE THE COURT.
It appears that the crime of murder, the conviction for which appellant now complains, was committed in 1868, and he states in the plea filed in the lower court he was for the offense indicted, tiled and convicted in the United States Circuit Court. He further states ■that he was afterwards, in 1878, indicted and tried in the same court where the judgment appealed from was rendered, but there was then no verdict rendered, the jury disagreeing. It appears that after that appellant escaped from jail, and remained out of the jurisdiction of the…
2Cited by8 opinions
- Vinegar v. CommonwealthCourt of Appeals of Kentucky · 1898
- United States v. HauptCourt of Appeals for the Seventh Circuit · 1945
- Adkins v. CommonwealthCourt of Appeals of Kentucky · 1923
- Shivers v. Territory of OklahomaSupreme Court of Oklahoma · 1903
- Barrs v. StateCourt of Appeals of Georgia · 1918
3 more not listed; retrieve them via the Exa API.