Commonwealth v. Glass
Court of Appeals of Kentucky
Case 30 — INDICTMENT— APPEAL FROM THE OWEN CIRCUIT COURT. 1, The Criminal Code — so far as it directs the names of the witnesses to be written on the indictment — is directory. 2. If such provision be mandatory, it is not to be construed to include immaterial witnesses. Citations: Criminal Code, sec. 120; State v. Hollinsmitb, 100 N. C., 535; Wyoming v. Amison, 1 Wy., 20; 1 Texas, 142; Am. & Eng. Ency. of Law, vol. 10, p. 501; 17 Ky.
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Case 30 — INDICTMENT— APPEAL FROM THE OWEN CIRCUIT COURT. 1, The Criminal Code — so far as it directs the names of the witnesses to be written on the indictment — is directory. 2. If such provision be mandatory, it is not to be construed to include immaterial witnesses. Citations: Criminal Code, sec. 120; State v. Hollinsmitb, 100 N. C., 535; Wyoming v. Amison, 1 Wy., 20; 1 Texas, 142; Am. & Eng. Ency. of Law, vol. 10, p. 501; 17 Ky. Law Rep., 186. The indictment was not found and returned as required by sec. 120 of the Criminal Code of Practice, in this: Some of the ■names of the witnesses…
1Opinion of the Court
CH'IEE JUSTICE HAZELRIGG
delivered the opinion op the court.
The indictment in this case was dismissed because the name of one Eastland was not endorsed thereon, although, as appears from his affidavit, he appeared before the grand jury and testified “to such facts as he knew in regard to the matter alleged in the indictment.”
Whether the alleged witness in fact knew anything about the transaction out of which this prosecution grew, or anything at all material to the case, does not appear. It does appear that the names of some six or eight witnesses were indorsed on the indictment. The order of…
2Cases cited2 opinions
- Sutton v. CommonwealthCourt of Appeals of Kentucky · 1895
- Commonwealth v. BlackwellCourt of Appeals of Kentucky · 1895
3Cited by4 opinions
- Slaughter v. CommonwealthCourt of Appeals of Kentucky · 1913
- Bowling v. CommonwealthCourt of Appeals of Kentucky · 1955
- Commonwealth v. BrewerCourt of Appeals of Kentucky · 1902
- Porter v. CommonwealthCourt of Appeals of Kentucky · 1911