Tully v. Commonwealth
Court of Appeals of Kentucky
Case 20—INDICTMENT APPEAL FROM BOURBON CIRCUIT COURT. Henry B. Tully, the appellant, was indicted in the Scott Circuit Court, March Term, 1874, as accessory, after the fact, to the murder of Jerry Burns by Ben Osborn, in Scott County, in August, 1873. At the September Term, 1874, Tully was tried, found guilty, and adjudged to pay a fine of $10,000, and to be confined one hour in the county jail.
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Case 20—INDICTMENT APPEAL FROM BOURBON CIRCUIT COURT. Henry B. Tully, the appellant, was indicted in the Scott Circuit Court, March Term, 1874, as accessory, after the fact, to the murder of Jerry Burns by Ben Osborn, in Scott County, in August, 1873. At the September Term, 1874, Tully was tried, found guilty, and adjudged to pay a fine of $10,000, and to be confined one hour in the county jail. He made a motion in arrest of judgment, on the ground “ that the facts stated in the indictment do not constitute a public offense within the jurisdiction of the court.” That motion was overruled, and…
1Opinion of the CourtChief Justice Lindsay
The indictment in this case charges that one Benjamin Osborn, in the county of Scott, on the 10th day of August, 1873, 'willfully and with malice aforethought, and not in self-defense, killed and murdered one Jerry Burns, by shooting him with a pistol; that said Osborn wás indicted therefor, arrested under the charge, and confined in the Scott County jail; that he unlawfully escaped from the custody of the jailer; and that the appellant Tully, knowing all these facts, “ did, on the 6th day of March, 1874, in the county aforesaid, willfully and feloniously, and for the purpose of enabling the…
2Cited by11 opinions
- State v. BilboaIdaho Supreme Court · 1923
- Maddox v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1960
- Ellison v. CommonwealthCourt of Appeals of Kentucky · 1921
- Commonwealth v. T. J. Megibben Co.Court of Appeals of Kentucky · 1897
- Berkley v. CommonwealthCourt of Appeals of Kentucky · 1915
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