Jones v. Commonwealth
Court of Appeals of Kentucky
CASE 4. — PROSECUTION AGAINST RICH JONES FOR RAPE. Appeal from Trigg Circuit Court. Thomas P. Cook, Circuit Judge. Defendant, convicted and appeals. A reversal is asked in this prosecution. 1. Because the verdict is contrary to the evidence. 2. Because the verdict is contrary to law. 3. Because the court failed to recognize the defendant’s plea of former jeopardy or acquittal in the case and instruct the jury upon the same to find him not guilty. AUTHORITIES CITED. Ky.
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CASE 4. — PROSECUTION AGAINST RICH JONES FOR RAPE. Appeal from Trigg Circuit Court. Thomas P. Cook, Circuit Judge. Defendant, convicted and appeals. A reversal is asked in this prosecution. 1. Because the verdict is contrary to the evidence. 2. Because the verdict is contrary to law. 3. Because the court failed to recognize the defendant’s plea of former jeopardy or acquittal in the case and instruct the jury upon the same to find him not guilty. AUTHORITIES CITED. Ky. Statutes sec. 1154: Nelson v. Commonwealth; 3 Bush 104; 9 Bush 333; 90 Ky. 262; 78 Ky. 93; 88 Ky. 386; 85 Ky. 68. (See. 243…
1Opinion of the Court
*28Opinion op the Court by
Judge Nunn
Affirming.
This appeal is prosecuted upon a partial record, no bill of exceptions or evidence appearing therein. At the September term, 1905, of the Trigg circuit court an indictment (No. 875) was returned against appellant, charging him with the crime of carnally knowing- a woman by force*, and against her will and consent. At the same term of the court he was tried and found guilty, his punishment being’ fixed at confinement in the penitentiary for a period of 20 years. A motion for a new trial was made, and sustained by the court; the grounds therefor not…
2Cases cited4 opinions
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1879
- O'Brian v. CommonwealthCourt of Appeals of Kentucky · 1872
- Commonwealth v. ArnoldCourt of Appeals of Kentucky · 1884
- Gaskins v. CommonwealthCourt of Appeals of Kentucky · 1895
3Cited by5 opinions
- Blocher v. StateIndiana Supreme Court · 1912
- People v. FochtmanMichigan Supreme Court · 1924
- Gambrell v. CommonwealthCourt of Appeals of Kentucky · 1950
- Oldham v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
- State Ex Rel. Lea v. BrownTennessee Supreme Court · 1933