Travis v. Commonwealth
Court of Appeals of Kentucky
Case 16 —INDICTMENT— APPEAL PROM SIMPSON CIRCUIT COURT. 1. The peremptory instruction asked for by the defendant should have been given, as the evidence did not tend to establish defendant’s guilt. 2. In the indictment chai'ging defendant with stealing “thirty dollars in good and lawful currency of the United States of Kentucky,” the words “of Kentucky” render the indictment fatally defective, and motion for arrest of judgment should have been sustained. 3. The court erred…
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Case 16 —INDICTMENT— APPEAL PROM SIMPSON CIRCUIT COURT. 1. The peremptory instruction asked for by the defendant should have been given, as the evidence did not tend to establish defendant’s guilt. 2. In the indictment chai'ging defendant with stealing “thirty dollars in good and lawful currency of the United States of Kentucky,” the words “of Kentucky” render the indictment fatally defective, and motion for arrest of judgment should have been sustained. 3. The court erred in giving instructions in which were used the words of the indictment and words which tended to cure the defect in the…
1Opinion of the CourtChief Justice Quiglet
Appellant, Hiram Travis, and Thomas Hendricks were jointly indicted in the Simpson circuit court for grand larceny. Travis demanded a separate trial, and on trial had was convicted and sentenced to confinement in the penitentiary for four years. The indictment reads as follows: “The said Travis and Hendricks heretofore, to wit, on the -day of December, A. D. 1893, in the county aforesaid, did unlawfully and feloniously take, steal and carry away, with the intent to convert to their own use, from J. L. Ewell, thirty dollars ($30) in good and lawful currency of the United States of Kentucky, a…
2Cases cited4 opinions
- Mulligan v. CommonwealthCourt of Appeals of Kentucky · 1886
- Vowells v. CommonwealthCourt of Appeals of Kentucky · 1885
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1858
- Young v. CommonwealthCourt of Appeals of Kentucky · 1871
3Cited by10 opinions
- Howard v. CommonwealthCourt of Appeals of Kentucky · 1901
- Clary v. CommonwealthCourt of Appeals of Kentucky · 1915
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Bailey v. CommonwealthCourt of Appeals of Kentucky · 1908
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