Bland v. Commonwealth
Court of Appeals of Kentucky
Case 34—INDICTMENT— APPEAL PROM GARRARD CIRCUIT COURT. CITED 1 Bush, 76, Plummer v. Commonwealth. 7 Bush, 612, Stamper v. Commonwealth. Criminal Code, section 267. General Statutes, page 326. CITED 1 Archbold’s Grim. Practice and Pleading, pp. 11, 12, 17.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion op the court.
This court, in the case of Stamper v. The Commonwealth (7 Bush, 612), held that under the provisions of section 2, article 6, chapter 28, Revised Statutes, which declares that “ if any person shall willfully and maliciously shoot at and wound another with an intention to kill him, so that he does not die thereby, ... he shall be confined in the penitentiary not less than one nor more than five years,” a party who was merely present aiding and abetting in the com*623mission of the crime did not come within the provisions of the statute, and could not…
2Cases cited1 opinion
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1870
3Cited by1 opinion
- Commonwealth v. PatrickCourt of Appeals of Kentucky · 1883