Combs v. Commonwealth
Court of Appeals of Kentucky
Case 63 —INDICTMENT APPEAL EROM KNOTT CIRCUIT COURT. 1. The indictment charges two separate and distinct offenses and the Commonwealth should have been required to elect. (Gen. Stats., chap. 29, art. 7, secs. 1, 4.) 2. The indictment did not set forth the facts with sufficient certainty to apprise the defendant of the accusation against him or to constitute a bar to any subsequent prosecution for the same offense.
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Case 63 —INDICTMENT APPEAL EROM KNOTT CIRCUIT COURT. 1. The indictment charges two separate and distinct offenses and the Commonwealth should have been required to elect. (Gen. Stats., chap. 29, art. 7, secs. 1, 4.) 2. The indictment did not set forth the facts with sufficient certainty to apprise the defendant of the accusation against him or to constitute a bar to any subsequent prosecution for the same offense. (White v. Commonwealth, 9 Bush, 179.) 3. There was irregularity in the formation of the jury. (Gen. Stats., chap. 62, art. 5, sec. 4; Crim. Code, sec. 192.) 4. Defendant was…
1Opinion of the Court
.JUDGE BENNETT
delivered the opinion op the court.
The appellant and Ep Hicks were indicted in the Knott Circuit Court, charged with the crime of unlawfully, willfully, feloniously and maliciously burning the dwelling-house of I). 0. Gibson, which dwelling was then occupied by said Gibson as a residence; that the said burning vvas effected by firing the public school-house in ■school district No. 1, the appellant and Hicks knowing at the time of the firing the school-house it was so near the said dwelling-house that it would be burned by the firing of the school-house.
Bishop, in second volume…
2Cited by4 opinions
- Webb v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1958
- Watson v. CommonwealthCourt of Appeals of Kentucky · 1909
- Fuqua v. CommonwealthCourt of Appeals of Kentucky · 1904
- Harlan v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934