Legal Opinion

Smith v. Commonwealth

Court of Appeals of Kentucky

Decided September 24, 1892PublishedCited by 11 opinions

Case 55 —INDICTMENT APPEAL FROM KNOX CIRCUIT COURT. The record does not show what the grounds for new trial were. The question therefore suggests itself whether appellant without a motion for new trial can prosecute an appeal to this court. This question has been considered hy this court in the following cases,: Harper v. Harper, 10 Bush, 447; McAllister v. Ins. Co., 78 Ky., 631; Helm v. Coffey, 80 Ky., 176; Henderson v. Dupree, 82 Ky., 678.

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OE THE COURT.

The deceased, James Bailey,-had on the same day of his own death killed a man named Minks, and was arrested and taken to Barboursville. But his examining trial being put off, he was given the right to employ a guard, and by the accommodating constable permitted to select the person to act as such, who was appellant Smith.

The prisoner and his guard, each being armed, the-former with a large and the latter a small pistol and shotgun, started from town without presence óf the constable, to go to the residence of the prisoner's father, about twelve…

2Cases cited2 opinions

  1. Chrystal v. CommonwealthCourt of Appeals of Kentucky · 1873
  2. Sparks v. CommonwealthCourt of Appeals of Kentucky · 1867

3Cited by11 opinions

  1. Ewing v. CommonwealthCourt of Appeals of Kentucky · 1908
  2. Davis v. CommonwealthCourt of Appeals of Kentucky · 1922
  3. Smith v. CommonwealthCourt of Appeals of Kentucky · 1909
  4. Spriggs v. CommonwealthCourt of Appeals of Kentucky · 1902
  5. Jones v. PeopleSupreme Court of Colorado · 1896

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