Vinegar v. Commonwealth
Court of Appeals of Kentucky
Case 13—INDICTMENT APPEAIj FROM SCOTT CIRCUIT COURT. 1. In an indictment for murder it is necessary for the indictment to state truly the time of the commission of the offense. Bouvi'er’s Law Dictionary, title Materiality. 2. It was error in a second trial for the same offense to permit the jury to take to its room the indictment upon which the former verdict had been written. Crim.
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Case 13—INDICTMENT APPEAIj FROM SCOTT CIRCUIT COURT. 1. In an indictment for murder it is necessary for the indictment to state truly the time of the commission of the offense. Bouvi'er’s Law Dictionary, title Materiality. 2. It was error in a second trial for the same offense to permit the jury to take to its room the indictment upon which the former verdict had been written. Crim. Code, sec. 270; Com. v. Arnold. 83 Ky., 4. 3. It was error to permit the jury to separate; and this question is reviewable in this court. Crim. Code, secs. 244, 245, 247; Minor v. Com., 5 Ky. Law Rep., 176; Blyew…
1Opinion of the Court
JUDGE DtrRELLE
delivered the opinion of the court.
The questions presented by this, the second, appeal of this case, are few. It is urged that in a case of murder the time at which the crime is charged to have been committed is material, and must be proved as laid. But the rule was universal at common law that the allegation of time in an indictment was immaterial, except where the time of the commission of the act formed an ingredient of the offense, as in the case of Sunday offenses. Bish. New Or. Proc. Sec. 399 et seq.
It is further urged that the indictment as it went before the jury upon…
2Cases cited9 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Commonwealth v. HouriganCourt of Appeals of Kentucky · 1889
- York v. CommonwealthCourt of Appeals of Kentucky · 1884
- Terrell v. CommonwealthCourt of Appeals of Kentucky · 1877
- Paducah & Elizabethtown R. R. v. CommonwealthCourt of Appeals of Kentucky · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- People v. TownsendMichigan Supreme Court · 1921
- Heck v. CommonwealthCourt of Appeals of Kentucky · 1915
- Thompson v. CommonwealthCourt of Appeals of Kentucky · 1906
- Arnold v. CommonwealthCourt of Appeals of Kentucky · 1922
- Hager v. RobinsonCourt of Appeals of Kentucky · 1913
24 more not listed; retrieve them via the Exa API.