Dickerson v. Commonwealth
Court of Appeals of Kentucky
CASE 1 — INDICTMENT APPEAL PROM CAMPBELL CRIMINAL COURT. CITED— Chitty's Crim. Law,pp. 227, 231, 516.' 2 Starkie on Evidence, 739. Wharton's Crim. Law, par. 293, 2,699, 2,702. English Statutes, 7 Geo. I, c. 21. Russell on Crimes, 617, 4th Am. ed. 1 Leach, 19. J. B., 1740; Parfaifs Case. Rev. Stat., chap. 28, art. 5, sec. 2. Crim. Code, secs. 121, 123. Commonwealth vs. Wright, MSS. Opin., Dec., 1855. Christian Tomlin vs. Commonwealth, MSS. Opin., Dec., 1855.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court:
The only objection urged in this court against the judgment for the fine of two hundred and fifty dollars assessed by the jury in this case is, that the indictment, charging an assault with intent to rob, alleges no attempt to rob, demand of money, or property, or other fact indicating any design to rob the person assaulted.
In our opinion, neither reason, analogy, nor the modern common law, requires the allegation of any such index to the imputed design; and if the technical common law should be adjudged as requiring it, the Criminal Code of…
2Cited by5 opinions
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- State v. McLennenOregon Supreme Court · 1888
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