Kentucky v. Powers
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. PETITION FOR WRIT OF MANDAMUS. These cases arise out of a criminal prosecution begun in one of the courts of Kentucky and, after several trials, removed on the petition of the accused, Caleb Powers, into the Circuit Court of the United States for the Eastern District of Kentucky. • The principal question to be determined is whether the prosecution was removable from the’ state court.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY. PETITION FOR WRIT OF MANDAMUS. These cases arise out of a criminal prosecution begun in one of the courts of Kentucky and, after several trials, removed on the petition of the accused, Caleb Powers, into the Circuit Court of the United States for the Eastern District of Kentucky. • The principal question to be determined is whether the prosecution was removable from the’ state court. After referring to the indictment and to the transfer of the prosecution into the Circuit .Court of the United States, the…
1Opinion of the CourtJustice Harlan
Powers, the accused, was indicted in the Circuit Court of Franklin County, Kentucky, for the crime of having been an accessory before the fact to the murder of William Goebel, who was assassinated in that county on the thirtieth day of January, 1900. Thp prosecution was removed by change of venue to the Circuit Court of Scott County. In the lattér court the accused was found guilty and his punishment fixed by the jury at confinement in the state penitentiary for life. Upon appeal to the Court of Appeals of Kentucky the judgment was reversed and a new trial ordered. Powers v. Commonwealth, 110…
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