Buchannon v. Commonwealth
Court of Appeals of Kentucky
Cake 58 — INDICTMENT API'BAL FROM WOI.FU CIRCUIT COURT. 1. The indictment is bad in that it charges the defendants with “confederating and banding themselves,” when the offense, as set out in the statute, is that of unlawfully confederating- and banding themselves together, etc. 2. Section 96 of the act relating to crimes and punishments contains the whole law upon the subject of confederating and banding- together, and therefore the court erred in giving instruction No. 2…
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Cake 58 — INDICTMENT API'BAL FROM WOI.FU CIRCUIT COURT. 1. The indictment is bad in that it charges the defendants with “confederating and banding themselves,” when the offense, as set out in the statute, is that of unlawfully confederating- and banding themselves together, etc. 2. Section 96 of the act relating to crimes and punishments contains the whole law upon the subject of confederating and banding- together, and therefore the court erred in giving instruction No. 2 with reference to injury to person or property. (Broadus v. Broadus, 10 Bush, 308.) Section 96 of the act relating to…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
The indictment in this case charged appellants with the offense denounced in section 96, subdivision 12, chapter 182, Acts 1891-92-93, entitled “ An act relating to crimes and punishments,” approved April 10, 1893, as follows; “If two or more persons shall unlawfully confederate or band themselves together and go forth armed or disguised for the purpose of intimidating or alarming any person, or to do any felonious act, they shall each, on conviction, bo imprisoned in the penitentiary not less than six nor more than twelve, months.” (The Kentucky…
2Cited by12 opinions
- Commonwealth v. CurrySupreme Court of Pennsylvania · 1926
- Commonwealth v. GrinsteadCourt of Appeals of Kentucky · 1900
- Fidelity & Columbia Trust Co. v. MeekCourt of Appeals of Kentucky (pre-1976) · 1943
- Conley v. CommonwealthCourt of Appeals of Kentucky · 1895
- Commonwealth v. PatrickCourt of Appeals of Kentucky · 1907
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