Gaskins v. Commonwealth
Court of Appeals of Kentucky
Case 74 — INDICTMENT APPEAL PROM JESSAMINE CIRCUIT COURT. 1. The acquittal of the appellant of the charge of murder in the indictment upon which he was being tried, was a bar to a prosecution under a subsequent indictment charging him with the crime of aiding and abetting another in the murder of which he had been formerly charged and upon trial acquitted.
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Case 74 — INDICTMENT APPEAL PROM JESSAMINE CIRCUIT COURT. 1. The acquittal of the appellant of the charge of murder in the indictment upon which he was being tried, was a bar to a prosecution under a subsequent indictment charging him with the crime of aiding and abetting another in the murder of which he had been formerly charged and upon trial acquitted. (Benge v. Commonwealth, 92 Ky., 1; Constitution, sec. 13.) 2. Under the second indictment charging appellant with aiding and abetting in the murder of the deceased he might have been convicted of murder as charged in the first indictment…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE, COURT.
October 30, 1894, an indictment was found and filed against Milt Gaskins, for the crime of murder, committed, according to recital in the indictment, as follows: “That said Milt Gaskins, on the 30th day of October, 1894, in the county aforesaid and before finding of this indictment, George Perkins, did unlawfully, wilfully, feloniously, and with malice aforethought, kill and murder Clay McGlear, by shooting him with a pistol loaded with powder and leaden ball and other hard substance, and that Milt Gaskins was present and did unlawfully,…
2Cases cited2 opinions
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
- Benge v. CommonwealthCourt of Appeals of Kentucky · 1891
3Cited by13 opinions
- Reed v. CommonwealthCourt of Appeals of Kentucky · 1907
- State v. NelsonSupreme Court of New Hampshire · 1961
- Bowman v. CommonwealthCourt of Appeals of Kentucky · 1912
- Parrett v. StateIndiana Supreme Court · 1928
- Collier v. CommonwealthCourt of Appeals of Kentucky · 1901
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