Conner v. Commonwealth
Court of Appeals of Kentucky
Case 29 — INDICTMENT FOR MURDER APPEAL FROM SHELBY CIRCUIT COURT. 1. Under an indictment for murder the accused can not he convicted of the statutory offense of killing by willfully striking, under section 2, article 4, chapter 29, General Statutes, for the obvious reason that every allegation of the indictment for murder may he admitted to he true, and the accused be not guilty of the statutory offense. v 2. A party must he indicted and tried under said statute before he…
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Case 29 — INDICTMENT FOR MURDER APPEAL FROM SHELBY CIRCUIT COURT. 1. Under an indictment for murder the accused can not he convicted of the statutory offense of killing by willfully striking, under section 2, article 4, chapter 29, General Statutes, for the obvious reason that every allegation of the indictment for murder may he admitted to he true, and the accused be not guilty of the statutory offense. v 2. A party must he indicted and tried under said statute before he can he convicted under it. It is a material and traversable allegation under the statute, that the deceased died within…
1Opinion of the Court
JUDGE COFER
DELIVERED THE OPINION OR THE COURT.
The appellant was indicted in the Shelby Circuit Court on the 10th day of September, 1877, for the murder of J. W. Cowherd, “committed in manner and form as follows, to wit: The said Samuel Conner in the said county of Shelby, on the 23d day of August, 1875, . . . did feloniously, willfully, and with malice aforethought, kill and slay and murder J. W. Cowherd, by then and there striking him on the head with a club, a bludgeon, a croquet-mallet, a deadly weapon, of which said striking, he, the said Cowherd, did die, contrary to the form of the…
2Cases cited1 opinion
- Commonwealth v. PowellCourt of Appeals of Kentucky · 1859
3Cited by29 opinions
- Housman v. CommonwealthCourt of Appeals of Kentucky · 1908
- Maulding v. CommonwealthCourt of Appeals of Kentucky · 1916
- Ex Parte HunnicuttCourt of Criminal Appeals of Oklahoma · 1912
- Lewis v. CommonwealthCourt of Appeals of Kentucky · 1910
- Elliott v. FowlerCourt of Appeals of Kentucky · 1901
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