Terrell v. Commonwealth
Court of Appeals of Kentucky
Case 40 — INDICTMENT APPEAL PROM BOONE CRIMINAL COURT. 1. This appeal is a proceeding commenced “ after the first day of January, 1877,” and is therefore regulated by the New Code of Practice in Criminal Cases (Crim.
Read the full summary
Case 40 — INDICTMENT APPEAL PROM BOONE CRIMINAL COURT. 1. This appeal is a proceeding commenced “ after the first day of January, 1877,” and is therefore regulated by the New Code of Practice in Criminal Cases (Crim. Code of 1877, secs. 1 and 2), and by this Code, sec. 840, it is provided that “a judgment of conviction shall be reversed for any error of law, to the defendant’s prejudice, appearing on the face of the record.” 2. The grand jurors who found this indictment were not selected by jury commissioners, as required by the statute. The sheriff who selected them had not taken the oath…
1Opinion of the Court
JUDGE GOFER
delivered the opinion oe the court.
The appellant was indicted in the Kenton Criminal Court, at its June Term, 1874, for the murder of Harvey Myers.
At the same term he filed his petition therefor, and the venue was changed to the county of Boone, where a trial was had at the March Term, 1877, which resulted in a verdict and judgment convicting him of the crime of voluntary manslaughter. This appeal is prosecuted to obtain a reversal of that judgment.
At the October Term, 1874, the appellant moved to set aside the indictment, mainly on the ground that the grand jurors by whom it was…
2Cases cited5 opinions
- Evans v. StateMississippi Supreme Court · 1870
- Leiber v. CommonwealthCourt of Appeals of Kentucky · 1872
- Foster v. EvansSupreme Court of Missouri · 1872
- Evans v. StateSupreme Court of Georgia · 1861
- Hittner v. StateIndiana Supreme Court · 1862
3Cited by27 opinions
- Kennedy v. CommonwealthCourt of Appeals of Kentucky · 1878
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1902
- Rutherford v. CommonwealthCourt of Appeals of Kentucky · 1878
- Cavanaugh v. CommonwealthCourt of Appeals of Kentucky · 1916
- Brown v. CommonwealthCourt of Appeals of Kentucky · 1878
22 more not listed; retrieve them via the Exa API.