York v. Commonwealth
Court of Appeals of Kentucky
Case 60 — INDICTMENT APPEAL EBOM CUMBERLAND CIRCUIT COURT. 1. The jury was improperly selected. 2. R. N. Spencer, who prosecuted under the appointment of the court, had been previously employed to prosecute appellant, and did prosecute him before the court of inquiry. -3. The court erred in refusing to admit the indictment and bench-warrant against Poore, and in refusing to permit testimony as to his bad character. 4. The court erred in giving instruction number two, because…
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Case 60 — INDICTMENT APPEAL EBOM CUMBERLAND CIRCUIT COURT. 1. The jury was improperly selected. 2. R. N. Spencer, who prosecuted under the appointment of the court, had been previously employed to prosecute appellant, and did prosecute him before the court of inquiry. -3. The court erred in refusing to admit the indictment and bench-warrant against Poore, and in refusing to permit testimony as to his bad character. 4. The court erred in giving instruction number two, because there is no evidence upon which to base it. •6. Instruction number three, in regard to the reckless handling of his…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The appellant, A. A. York, having been sentenced to five years’ confinement in the penitentiary upon a con*362viction. under an indictment charging him with the murder of Richard Kilpatrick, seeks a reversal of the judgment by this appeal.
If it be true that the trial jury were not properly selected by their names not being drawn from the regular panel; or if the Commonwealth’s attorney pro tem., who prosecuted the case, had been previously retained to prosecute the appellant, yet he can not. rely upon these facts for a reversal in this court, because,…
2Cases cited1 opinion
- Sparks v. CommonwealthCourt of Appeals of Kentucky · 1867
3Cited by30 opinions
- Commonwealth v. MatthewsCourt of Appeals of Kentucky · 1889
- People v. HamiltonSupreme Court of Colorado · 1983
- Maulding v. CommonwealthCourt of Appeals of Kentucky · 1916
- Lewis v. CommonwealthCourt of Appeals of Kentucky · 1910
- Vinegar v. CommonwealthCourt of Appeals of Kentucky · 1898
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