Powers v. Commonwealth
Court of Appeals of Kentucky
Case 49 — Indictment Against Caleb Powers for Murder — APPEAL FROM SCOTT CIRCUIT COURT. Caleb Powers was Convicted of Murder and Appeals. 1. If the pardon which defendant plead 'on the calling of the case for .trial is valid, his motion to dismiss the indictment should have been sustained. The plea set out the fact that W. S. Taylor, who issued the pardon, was de facto and acting Governor when it was issued.
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Case 49 — Indictment Against Caleb Powers for Murder — APPEAL FROM SCOTT CIRCUIT COURT. Caleb Powers was Convicted of Murder and Appeals. 1. If the pardon which defendant plead 'on the calling of the case for .trial is valid, his motion to dismiss the indictment should have been sustained. The plea set out the fact that W. S. Taylor, who issued the pardon, was de facto and acting Governor when it was issued. There was no denial either verbal or written of this statement in the circuit court, but the court overruled the motion nevertheless. The statement of the .plea not being questioned,…
1Dissent
Judge White
dissents.
Not agreeing with the views of the majority of the court on all the questions presented, we feel that the importance of the questions justifies us in this separate and dissenting opinion. Áppellánt, Caleb Powers, was indicted in the Franklin Circuit Court charged with the crime of being accessory before the fact of the willful murder of William Goebel. On change of venue, the prosecution was taken to Scott county, and there tried; the result being conviction, the punishment being confinement in the penitentiary for life. Appellant’s'motion for a new trial being denied, he…
2Cases cited21 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- Boyd v. United StatesSupreme Court of the United States · 1892
- Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
- Branch v. FaustIndiana Supreme Court · 1888
- Williams v. StateSupreme Court of Alabama · 1886
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