Massie v. Commonwealth
Court of Appeals of Kentucky
Case 77 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1 The Montgomery court had no jurisdiction to try the defendant. If the jurisdiction of an offense be in two or more counties, the defendant must be tried in the county in which he is first arrested.
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Case 77 — INDICTMENT APPEAL FROM MONTGOMERY CIRCUIT COURT. 1 The Montgomery court had no jurisdiction to try the defendant. If the jurisdiction of an offense be in two or more counties, the defendant must be tried in the county in which he is first arrested. (Criminal Code, sections 21, 24.) 2. A confession of the defendant out of court-will not authorize his conviction, unless it is accompanied not only with other proof that such an offense was committed, but with other proof connecting him with the offense charged. (Cunningham v. Commonwealth, 9 Bush, 149.) 1. Section 24 of the Criminal…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellant was indicted and convicted of horse-stealing in the Montgomery Circuit Court. He is insisting he was tried by a court having no jurisdiction of the offense by reason of section 24, Criminal Code. That section provides: “If the jurisdiction of an offense be in two or more counties, the defendant shall be tried in the connty in which he is first arrested, unless an indictment for the offense be ■ pending in another connty.”
The horse was stolen in Montgomery connty and taken to the connty of Bourbon and there sold. He was arrested in…
2Cited by4 opinions
- Runyon v. MorrowCourt of Appeals of Kentucky · 1921
- Spencer v. CommonwealthCourt of Appeals of Kentucky · 1922
- Marcum v. BradleyCourt of Appeals of Kentucky · 1964
- Johnson v. CommonwealthCourt of Appeals of Kentucky · 1913