Flint v. Commonwealth
Court of Appeals of Kentucky
Case 31 — INDICTMENT APPEAL FROM DAVIESS CIRCUIT COURT. 1. An indictment under section 2, article 6, chapter 29, General Statutes, must .contain the word “willfully.” (Commonwealth v. Morgan, 11 Bush, 601; Same v. Iiawldns, 11 Bush, 603; Bishop on Criminal Law, 4th ed., 2d vol., secs. 717, 741, 742, 761; 33 Ala., 413.) 2. The court permitted incompetent evidence. 3. The court misinstructed the jury.
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Case 31 — INDICTMENT APPEAL FROM DAVIESS CIRCUIT COURT. 1. An indictment under section 2, article 6, chapter 29, General Statutes, must .contain the word “willfully.” (Commonwealth v. Morgan, 11 Bush, 601; Same v. Iiawldns, 11 Bush, 603; Bishop on Criminal Law, 4th ed., 2d vol., secs. 717, 741, 742, 761; 33 Ala., 413.) 2. The court permitted incompetent evidence. 3. The court misinstructed the jury. (Nichols v. Commonwealth, 11 Bush, 585-’6; Commonwealth v. Jones, 10 Bush, 728; Criminal Code, secs. 120 and 215; Commonwealth v. Yancey, 2' Duv., 375; Bapp v. Commonwealth, 14 B. M., 620; Wilson…
1Opinion of the Court
JUDGE LEWIS
DELIVERED the opinion of the court.-
The charge in the indictment in this case, that “the defendant did unlawfully, feloniously, and maliciously, with intent.to kill him, cut and wound one Philip Yeiser,” is sufficient under section 2, article 6, chapter 29, General Statutes; for the words used import an exercise of the will, and convey the same idea as do those contained in the section referred to.
2. It is assigned as an error that the court permitted the attorney for the commonwealth to state, in .the presence of the jury, what he expected to prove by the witness Spicer, the…
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- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
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