Commonwealth v. Finn
Court of Appeals of Kentucky
Case 47 — PROSECUTION AGAINST WILLIAM FINN, ALIAS THOMAS' LOWRY, FOR ROBBERY. Appeal' from Mason Circuit Court. James P. PIarbison, Circuit Judge. Demurrer to part of indictment sustained and Commonwealth. appeals.
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Case 47 — PROSECUTION AGAINST WILLIAM FINN, ALIAS THOMAS' LOWRY, FOR ROBBERY. Appeal' from Mason Circuit Court. James P. PIarbison, Circuit Judge. Demurrer to part of indictment sustained and Commonwealth. appeals. This is the criterion of the sufficiency of the allegations: Do they “identify the case in which the conviction took place, so that the defendant could not be misled?” The allegations set out the name of the defendant with particularity, giving his several “aliases;” give the State whose laws he violated and wherein he was- convicted; state the day, month and year in which he was…
1Opinion of the Court
Opinión- by
Judge O’Reab,
Affirming.
The indictment in this case is in the following language :
‘ ‘ The grand jury of Mason county, in the name and by the authority of the Commonwealth of Kentucky accuse William Finn, alias Thos. Lowry, of the crime of robbery, and two former convictions, committed as follows, viz: The said William Finn, alias Thos. Lowry, on the 7th day of October, 1903, and other days before and since, within twelve months, last past, and before the finding of this indictment, in the county aforesaid, did unlawfully, feloniously, and forcibly take, steal, and carry away one…
2Cited by2 opinions
- State v. PaisleyMontana Supreme Court · 1907
- Fennen v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931