Commonwealth v. Arnold
Court of Appeals of Kentucky
Case 1 — INDICTMENT— APPEAL PROM GARRARD CIRCUIT COURT. 1. Where, the accused has been convicted of manslaughter under an indictment for murder, and a new trial has been granted at his instance .and request, the implied acquittal of murder involved in the first verdict is not a bar to another trial of the defendant for that offense ■under the same indictment.
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Case 1 — INDICTMENT— APPEAL PROM GARRARD CIRCUIT COURT. 1. Where, the accused has been convicted of manslaughter under an indictment for murder, and a new trial has been granted at his instance .and request, the implied acquittal of murder involved in the first verdict is not a bar to another trial of the defendant for that offense ■under the same indictment. (State v. Behimer, 20 Ohio State, 572; Veatch v. State, 60 Ind., 291; Morris v. State, 1 Blackf., 37; State v. Commissioners of Cross-roads, 3 Hill (S. C.), 241; Bailey v. State, 26 2. The granting of a new trial places the parties in…
1Opinion of the Court
JHDGE PRYOR
delivered the opinion oe the court.
W. A. Arnold was indicted in the Garrard Circuit-Court for the murder of one Robert Boyle, and when tried was convicted-'-of manslaughter- The judgment, *3of conviction was reversed and a new trial granted.. On the second trial the accused filed a plea in bar or’ former acquittal as to the charge for murder contained in the indictment, maintaining that the conviction for the lesser ofíense, although the verdict was set aside at his instance, was an acquittal of the greater offense. The court below so held, and thp case is brought to this court by…
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