Forman v. Commonwealth
Court of Appeals of Kentucky
Case 79 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. Selecting and summoning a jury otherwise than provided by article 4, chapter 62 of General Statutes, is grounds for challenge to the panel, and the ruling of the court thereon is subject to reversal on appeal. 2. There is no authority under the statute for the court to appoint an assistant to one empowered to summon a jury where the sheriff can not act.
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Case 79 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. Selecting and summoning a jury otherwise than provided by article 4, chapter 62 of General Statutes, is grounds for challenge to the panel, and the ruling of the court thereon is subject to reversal on appeal. 2. There is no authority under the statute for the court to appoint an assistant to one empowered to summon a jury where the sheriff can not act. Error in overruling challenge to the panel is not a ground for reversal. (13 Bush, 246, Terrell v. Commonwealth.)
1Opinion of the Court
JUDGE LEWIS
delivered the opinion oe the court.
This is the second appeal from the judgment convicting the defendant of manslaughter. And as the facts, *606which were substantially recited in the opinion of this court in March, 1886, do not materially differ from those shown by the record before us, a detañed statement of them is unnecessary, especially as the legal questions now presented may be determined without.
The first ground relied on for reversal is the action of the .lower court in overruling the challenge to.the panel of the jury, and in connection therewith, is an objection to the manner…
2Cases cited2 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Barnett v. CommonwealthCourt of Appeals of Kentucky · 1886
3Cited by7 opinions
- McCandless v. CommonwealthCourt of Appeals of Kentucky · 1916
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
- Kentucky v. PowersU.S. Circuit Court for the District of Kentucky · 1905
- Bates v. CommonwealthCourt of Appeals of Kentucky · 1920
- Shaw v. CommonwealthCourt of Appeals of Kentucky · 1925
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