Jeffries v. Commonwealth
Court of Appeals of Kentucky
Case 34 — INDICTMENT APPEAL PROM M’LEAN CIRCUIT COURT. 1. The indictment was defective in that it did not charge that the pistol with which the shooting was done was a deadly weapon, and loaded with powder and a leaden ball or other hard sub- ■ stance. This case is unlike the case of Burton v. State, 8 Tex. Ot. Ap.. 408, reported in 30 Am.
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Case 34 — INDICTMENT APPEAL PROM M’LEAN CIRCUIT COURT. 1. The indictment was defective in that it did not charge that the pistol with which the shooting was done was a deadly weapon, and loaded with powder and a leaden ball or other hard sub- ■ stance. This case is unlike the case of Burton v. State, 8 Tex. Ot. Ap.. 408, reported in 30 Am. Bep., 146. :2. The appellant was entitled to the testimony of his co-defendant, although a conspiracy was charged, there being no proof of a conspiracy. The discretion placed in the court as to the admission or exclusion of such testimony is a sound legal…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Appellant having been tried separately and convicted under a joint indictment against him and one Hugh B. Furguson for murder, prosecutes this appeal.
The particular circumstances of the offense are stated in the indictment as follows: “The said John Jeffries and Hugh B. Furguson, on the —— day of -, 1885, in the said county of McLean, did unlawfully conspire together to kill and murder one Marion Hunter, and did, in carrying out said conspiracy, * * willfully, * * feloniously, and of their malice aforethought, kill * * and murder said Marion…
2Cases cited1 opinion
- Christian v. CommonwealthCourt of Appeals of Kentucky · 1877
3Cited by3 opinions
- Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1908
- State v. MyersSupreme Court of Missouri · 1906
- State v. EdmundsSouth Dakota Supreme Court · 1905