Tipper v. Commonwealth
Court of Appeals of Kentucky
CASE 2 —INDICTMENT APPEAL FROM MARSHALL EQUITY AND CRIMINAL COURT. Tbe indictment against the appellant was found at the May term, 1856, of the Marshall circuit court. That court, at its November term, 1856, made the following- order: “Ordered, That this case be transferred to the equity and criminal court.”
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CASE 2 —INDICTMENT APPEAL FROM MARSHALL EQUITY AND CRIMINAL COURT. Tbe indictment against the appellant was found at the May term, 1856, of the Marshall circuit court. That court, at its November term, 1856, made the following- order: “Ordered, That this case be transferred to the equity and criminal court.” The following are the instructions copied .into the record, and marked given: . “ The court instruct the j ury, that if they believe, from the evidence, that the accused feloniously took and carried away the hog, with the intention of converting it to his own use, as charged in the…
1Opinion of the Court
JUDGE STITES
delivered the opinion of the court:
At the September term, 1858, of the equity and criminal court of Marshall county, Wiley Tipper was convicted of hog stealing, and sentenced to two years confinement in the state prison.
From that judgment he has appealed, and seeks a reversal on the following grounds:
First. That the case was not legally and properly before the equity and criminal court, so as to confer jurisdiction upon that tribunal.
Second. That the verdict of the jury was unauthorized by the evidence.
Third. That the court erred, to the prejudice of appellant, in granting…
2Cases cited1 opinion
- State v. WisdomSupreme Court of Alabama · 1839
3Cited by7 opinions
- Henderson v. CommonwealthKentucky Supreme Court · 2014
- Chrystal v. CommonwealthCourt of Appeals of Kentucky · 1873
- Noyes v. WestMassachusetts Supreme Judicial Court · 1849
- Berry v. CommonwealthCourt of Appeals of Kentucky · 1875
- Branham v. CommonwealthCourt of Appeals of Kentucky · 1876
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