Vowells v. Commonwealth
Court of Appeals of Kentucky
Case 28 — INDICTMENT— APPEAL PROM DAVIESS CIRCUIT COURT. Brief not in record. 1. The Commonwealth is not required to traverse a plea of former conviction or acquittal. (Criminal Code, section 172.) 2. The sufficiency of the evidence to support the verdict can not he* considered. (Criminal Code, section 281.) 3. The instructions present clearly the law of the case.
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Appellant was indicted for the offense of setting-up a faro-bank under section 6, article 1, chapter 47,. General Statutes, and now relies upon various grounds; for reversing the judgment of conviction.
1st. It is contended the court erred in giving any instruction at all upon the hypothesis of his guilt, because there was a total absence of - proof showing; or tending to show it.
The only witness who testified to any facts relating to the offense of which appellant was convicted', was Johnson. He stated, in substance, that in July, 1882, a short…
2Cited by20 opinions
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- Gordon v. CommonwealthCourt of Appeals of Kentucky · 1910
- Ratliff v. CommonwealthCourt of Appeals of Kentucky · 1918
- Privitt v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- State v. HoweOregon Supreme Court · 1895
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