Smith v. Commonwealth
Court of Appeals of Kentucky
Cash 55 — INDIOTMENT ARRISA I. J.'I'.OM "I! KT..1, CIRCUIT COURT. 1. The act of May 26, 1890, providing for a change of venue by the Commonwealth, is not unconstitutional. (Com. v. Davidson, 12 Ky. Raw Rep., 767.) 2. The Perry Circuit Court divested itself of jurisdiction by the change of venue to the Clark Circuit Court, and could not again acquire jurisdiction except by the case being remanded to it by that court, which was never done. (Hourigan y. Com., 15 Ky.
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Cash 55 — INDIOTMENT ARRISA I. J.'I'.OM "I! KT..1, CIRCUIT COURT. 1. The act of May 26, 1890, providing for a change of venue by the Commonwealth, is not unconstitutional. (Com. v. Davidson, 12 Ky. Raw Rep., 767.) 2. The Perry Circuit Court divested itself of jurisdiction by the change of venue to the Clark Circuit Court, and could not again acquire jurisdiction except by the case being remanded to it by that court, which was never done. (Hourigan y. Com., 15 Ky. Raw Rep., 265.) This is one of the cases where it is to the interest of tlie Commonwealth that the law be vindicated by"a reversal.…
1Opinion of the Court
JTJDGTí HAZELKIG-G-
delivered the opinion op the court.
Oil this appeal from a judgment of the Bell Circuit Court consigning the appellant to the penitentiary for life for the murder of John McKnight in Perry County, the following facts appear from the record' upon which the jurisdiction of the trial court is denied:
On August 25, 1890, the appellant, with a number of others, was indicted for the murder of John McKnight, in the Perry Circuit Court, aud thereupon the attorney for the Commonwealth, under the provisions of an act of the General Assembly, approved May 26, 1890, giving the…
2Cases cited2 opinions
- Commonwealth v. DavidsonCourt of Appeals of Kentucky · 1891
- Hourigan v. CommonwealthCourt of Appeals of Kentucky · 1893
3Cited by8 opinions
- Ex Parte LancasterSupreme Court of Alabama · 1921
- State v. TuckerNorth Dakota Supreme Court · 1929
- Johnston v. StateSupreme Court of Georgia · 1903
- Keefe v. District Court of Carbon CountyWyoming Supreme Court · 1908
- Stovall v. StateCourt of Criminal Appeals of Texas · 1924
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