Galloway v. Commonwealth
Court of Appeals of Kentucky
APPEAL FROM MERCER CIRCUIT COURT. [Cited, Parris v. Commonivealth, 111 Ky. 236, 23 Ky. L. 580, 63 S. W. 615; Howard v. Commonwealth, 24 Ky. L. 91, 67 S. W. 1003.]
1Opinion of the Court
Opinion by
Judge Lewis :
Appellant, having been tried separately under a joint indictment against him and Frank Galloway, his brother, for the murder of William Southern, and convicted of manslaughter, prosecutes this appeal.
The objection that the indictment charges two distinct offenses can not be sustained. But one offense, murder, is charged, the statement that they “did conspire, confederate and agree to and did kill and murder” being equivalent to stating that the crime of murder was committed in pursuance of a conspiracy between them.
One of the errors complained of is that the indictment…
2Cases cited4 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Hart v. PowellSupreme Court of Georgia · 1855
- Farris v. CommonwealthCourt of Appeals of Kentucky · 1901
- Christian v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by7 opinions
- Gilbert v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
- State v. ChambersIdaho Supreme Court · 1904
- Gilbert v. CommonwealthCourt of Appeals of Kentucky · 1924
- Farris v. CommonwealthCourt of Appeals of Kentucky · 1901
- Wood v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
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