Legal Opinion

O'Brian v. Commonwealth

Court of Appeals of Kentucky

Decided March 6, 1872PublishedCited by 26 opinions

Case 30 — INDICTMENT FOR MURDER APPEAL FROM HICKMAN CIRCUIT COURT. CITED 1 Revised Statutes, page 372. 6 Ohio Reports, 402, Hurley’s case. 3 Ohio State Reports, 238, Poague’s case. 1 Bailey, 651, McKee’s case. 9 Wheaton, 580. 18 Johnson, 187. 2 Johnson’s Cases, 301. 2 Gallis. 364. 2 Caine’s Reports, 304. 6 Ser. & Rawle, Cooke and others, 557. 16 Pickering, 120, Makar’s case. 15 Ohio State Reports, 155. 14 Ohio Reports, 304, Mount’s case. 14 Ohio State Reports, 493, Dobbin’s…

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Case 30 — INDICTMENT FOR MURDER APPEAL FROM HICKMAN CIRCUIT COURT. CITED 1 Revised Statutes, page 372. 6 Ohio Reports, 402, Hurley’s case. 3 Ohio State Reports, 238, Poague’s case. 1 Bailey, 651, McKee’s case. 9 Wheaton, 580. 18 Johnson, 187. 2 Johnson’s Cases, 301. 2 Gallis. 364. 2 Caine’s Reports, 304. 6 Ser. & Rawle, Cooke and others, 557. 16 Pickering, 120, Makar’s case. 15 Ohio State Reports, 155. 14 Ohio Reports, 304, Mount’s case. 14 Ohio State Reports, 493, Dobbin’s ease. CITED Wharton’s Amer. Crim. Law, sec. 580. 6 Bush, 565, O’Brian v. Commonwealth. 5 Littell, 137. Criminal Code,…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion oe the court.

Murty O’Brian was indicted by a grand jury of tbe county of Hickman, on tbe 27th of March, 1872, for the murder of Tim Hogan. He appeared in answer to tbe charge, pleaded not guilty, and also filed a special plea, that of former jeopardy; the trial resulting in a verdict of guilty, and a judgment thereon sentencing him to be hanged. This appeal is from *335that judgment. The accused complains of many errors committed to his prejudice during the progress of the trial in the court below, the most of which are deemed merely technical, and we will…

2Cited by26 opinions

  1. Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
  2. Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
  3. Gillespie v. StateIndiana Supreme Court · 1907
  4. Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Whitmore v. StateSupreme Court of Arkansas · 1884

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