Jackson v. Commonwealth
Court of Appeals of Kentucky
Case 38 —INDICTMENT APPEAR PROM CAMPBELL CIRCUIT COURT. 1. The indictment must he direct and certain as to the party charged and offense charged. (Criminal Code, secs. 124 and 126.) 2. Upon the filing of an affidavit by one charged with murder that the acting sheriff is prejudiced against him, and interested in having him convicted, the court should have designated some other officer or person to summon the petit jury.
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Case 38 —INDICTMENT APPEAR PROM CAMPBELL CIRCUIT COURT. 1. The indictment must he direct and certain as to the party charged and offense charged. (Criminal Code, secs. 124 and 126.) 2. Upon the filing of an affidavit by one charged with murder that the acting sheriff is prejudiced against him, and interested in having him convicted, the court should have designated some other officer or person to summon the petit jury. (Criminal Code, sec. 193; Civil Code, 667.) 3. The appellant was not accorded his constitutional right of a public trial of the charges against him.. The court allowed the…
1Opinion of the Court
JUDGE HAZELRIGG
deeivebed the opinion of the court.
The appellant was jointly indicted with one Alonzo Walling in the Campbell Circuit Court for the murder of Pearl Bryan, and on his separate trial was found guilty and sentenced to be banged.
It will be necessary to submit only a brief summary of the facts disclosed in the voluminous record before us to render intelligible the various complaints urged on this appeal against the judgment of conviction.
On the morning of Saturday, February 1, 1896, the headless body of a woman was found on the farm of one Locke, near Newport, in Campbell county.…
2Cases cited1 opinion
- O'Brien v. CommonwealthCourt of Appeals of Kentucky · 1889
3Cited by28 opinions
- St. Clair v. CommonwealthKentucky Supreme Court · 2004
- Moore v. StateSupreme Court of Georgia · 1921
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
- State v. KeelerMontana Supreme Court · 1916
- Wendling v. CommonwealthCourt of Appeals of Kentucky · 1911
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