O'Brian v. Commonwealth
Court of Appeals of Kentucky
Case 74-INDICTMENT FOR MÜRDER- CITED Wharton’s American Criminal Law, sec. 588. 1 Bishop’s Grim. Procedure, secs. 809, 793, 808, 573, 584^-587, 658-662, 669, 671. 4 OMo Reports, 177. 2 Bouvier’s Law Dictionary, page 118, “Jury.” Revised Statutes, sec. 1, art. 3, chap. 55. 1 Greenleaf’s Evidence, sec. 164. 3 Bush, 533, Coppage v. Commonwealth. 5 McLean’s C. C. Rep. 287, United States v. McComb.
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Case 74-INDICTMENT FOR MÜRDER- CITED Wharton’s American Criminal Law, sec. 588. 1 Bishop’s Grim. Procedure, secs. 809, 793, 808, 573, 584^-587, 658-662, 669, 671. 4 OMo Reports, 177. 2 Bouvier’s Law Dictionary, page 118, “Jury.” Revised Statutes, sec. 1, art. 3, chap. 55. 1 Greenleaf’s Evidence, sec. 164. 3 Bush, 533, Coppage v. Commonwealth. 5 McLean’s C. C. Rep. 287, United States v. McComb. Criminal Code, secs. 57, 266. Wharton’s Criminal Law, secs. 3136, 3139, 3128. 16 B. Mon. 563, Mtzpatrick v. Harris. 15 OMo Rep. 159, Stewart v. State. 9 Wheaton, 580, Perez v. United States. 7 Porter…
1Opinion of the Court
JUDGE PETERS
delivered the opinion oe the court.
Morty O’Brian, having been tried and convicted in the Hickman Circuit Court for the murder of Timothy Hogan, and his motion for a new trial having been overruled, has appealed to this court, asking a reversal of the judgment.
At the trial term, after a jury had been selected and sworn, and Dr. Jackson, the first witness introduced, had closed his evidence, Mr. Spillman, one of the jurors, announced to the court that he then recollected, after hearing the testimony of Hr. Jackson, that he was a member of the grand jury that found the indictment…
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