Wilson and Tucker v. Commonwealth

Opinion of the Court by

Judge McCandless

Reversing.

Appellants were convicted of the crime of uttering a forged check. On this appeal the only ground urged for reversal is error of the trial court in refusing to sustain their plea of former jeopardy. There have been two indictments and two trials based upon the same evidence.

The first indictment, No. 1791, with its endorsements is in these words:

“McCreary Circuit Court. '

June Term, 1922.

“Commonwealth of Kentucky against Cal Wilson, Mose Tucker and Oscar Whitehead. Indictment. The grand jury of McCreary county, in the name and by the authority of…