Commonwealth v. Van Tuyl
Court of Appeals of Kentucky
CASE 1 — INDICTMENT APPEAL FROM CARROLL CIRCUIT COURT. The facts of the case are stated in the opinion of the court. 1. It may now be regarded as the settled constitutional doctrine in this state, that it is the duty of the court to decide all questions of law in every description of case, civil or criminal, and the duty of the jury to conform to the instructions of the court; and upon the facts as given by the witnesses, and the law as expounded by the court, the jury are…
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CASE 1 — INDICTMENT APPEAL FROM CARROLL CIRCUIT COURT. The facts of the case are stated in the opinion of the court. 1. It may now be regarded as the settled constitutional doctrine in this state, that it is the duty of the court to decide all questions of law in every description of case, civil or criminal, and the duty of the jury to conform to the instructions of the court; and upon the facts as given by the witnesses, and the law as expounded by the court, the jury are to frame their verdict. (Montee vs. Commonwealth, 3 J. J. Marshall, 149; 18 Law Reporter, 176; Seltiniusvs. United…
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion oe the codrt:
The defendant was indicted in Carroll county, in this state, for feloniously obtaining money, by false pretenses, of B. W. Jenkins.
*3The facts proved upon the trial were, that the defendant was in the state of Ohio, and had along with him a negro named John, who he represented to be a runaway slave belonging to him, that he was trying to take back to a slave state; stating that he was a resident of the state of Tennessee, from which place the slave had, some three or four months previously, made his escape. That whilst he was in the state of Ohio,…
2Cases cited1 opinion
- People v. AdamsNew York Supreme Court · 1846
3Cited by23 opinions
- Nash v. Minnesota Title Insurance & Trust Co.Massachusetts Supreme Judicial Court · 1895
- Powell v. RasmussenMassachusetts Supreme Judicial Court · 1969
- Watson v. JonesSupreme Court of Florida · 1899
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
- Fisher v. MellenMassachusetts Supreme Judicial Court · 1870
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