Haggard v. Commonwealth
Court of Appeals of Kentucky
Case 75 — INDICTMENT APPEAL PROM CUMBERLAND CIRCUIT COURT. 1. The statute prohibiting persons of color from serving on grand and petit juries is in conflict with the constitution of the United States, and indictments found under that statute are void. '2. The police judge before whom the writ of habeas corpus was returned had jurisdiction to hear appellant’s complaint under the writ, and his action was final.
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Case 75 — INDICTMENT APPEAL PROM CUMBERLAND CIRCUIT COURT. 1. The statute prohibiting persons of color from serving on grand and petit juries is in conflict with the constitution of the United States, and indictments found under that statute are void. '2. The police judge before whom the writ of habeas corpus was returned had jurisdiction to hear appellant’s complaint under the writ, and his action was final. (Civil Code, secs. 399, 400, 401, 409, 420, 422, and 423.) .1. Negroes being excluded by law from juries, both at the time appellant was indicted and at the time he -was tried, the trial…
1Opinion of the Court
• JUDGE HARGIS
delivered the opinion of the court.
The appellant was indicted, tried, and convicted in the circuit court for the offense of maliciously stabbing.
He prayed an appeal, which was granted, and sixty days ■were allowed him to file the record here.
Instead, however, of prosecuting his appeal, he sued out a writ of habeas corpus, and upon the hearing thereof, the police judge of the town of Burksville discharged him from imprisonment, and substantially vacated the judgment of conviction on the ground, which is agreed to have existed, that the grand jury that indicted, and the petit jury…
2Cases cited1 opinion
- Commonwealth v. SmithCourt of Appeals of Kentucky · 1874
3Cited by9 opinions
- Miller v. StateSupreme Court of North Carolina · 1953
- Marion v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- McIntosh v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Galliaer v. Southern Harlan Coal Co.Court of Appeals of Kentucky (pre-1976) · 1932
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