Slagel v. Commonwealth
Court of Appeals of Kentucky
Case 76 — INDICTMENT, MURDER APPEAL EROM PULASKI CIRCUIT COURT. The court erred in refusing to quash the indictment. One of the grand-jurors was substantially the owner of a grist-mill.
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Case 76 — INDICTMENT, MURDER APPEAL EROM PULASKI CIRCUIT COURT. The court erred in refusing to quash the indictment. One of the grand-jurors was substantially the owner of a grist-mill. (Gen. Stat., chap. 62, art. 1, sec. 1.) The demurrer to the indictment should have been sustained, because more than one offense was charged in it, and which was riot covered by section 127 of the Criminal Code. {Ib., sec. 168.) The court erred in refusing to instruct the jury upon the subject of manslaughter and of self-defense. (Commonwealth v. Smith, 10 Bush, 476; Same v. Prichett, 11 Ib., 277.) I know of…
1Opinion of the Court
■CHIEE JUSTICE HARGIS
delivered the opinion oe the court.
On the evening of the 13th of August last, the appellant, in company with John O-’Dair, James O’Dair, and Joseph Claiborne, went to a grocery, and he bought a quart of *486whisky, paid one dollar for it, and received nine dollars in> change for a ten-dollar bill. He also got a twenty-dollar bill' changed, and shortly afterward was seen counting out money on the knee of one of the O’Dairs. All of them left the grocery together, and returned to a rock-house situated at the-top of a cliff, where they were camping while being engaged in cutting…
2Cases cited1 opinion
- Commonwealth v. PritchettCourt of Appeals of Kentucky · 1875
3Cited by6 opinions
- Bast v. CommonwealthCourt of Appeals of Kentucky · 1907
- Cook v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1930
- McGee v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Ferrell v. CommonwealthCourt of Appeals of Kentucky · 1917
- Fowler v. CommonwealthCourt of Appeals of Kentucky · 1886
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