Legal Opinion

Downs v. Commonwealth

Court of Appeals of Kentucky

Decided February 18, 1892PublishedCited by 4 opinions

Case 109— INDICTMENT— APPEAL PROM NELSON CIRCUIT COURT Section 248 of the new Constitution, in so far as it provides that “a grand jury shall consist of twelve persons,” requires no legislation to put it into operation, and is now the law of the State. Section 248 of the new Constitution is not self-executing. (Bndlich on Interpretation of Statutes, p. 711; Cooley, Const. Lim., 101; Story, Const., sec. 454.)

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

Appellant, having been convicted of a felony under an indictment found and returned by a grand jury empaneled and sworn at the October term, 1891, of the court in which he was tried, seeks reversal of the judgment rendered in pursuance of the verdict upon the only ground we need consider, that the grand jury was composed of sixteen persons, in violation of section 248 of the present constitution, as follows : “ A grand jury shall consist of twelve persons, nine of whom concurring may find an, indictment.”

Decision of this case, submitted some time…

2Cited by4 opinions

  1. Alford v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
  2. People v. Herrmans, New York County Courts1910
  3. Ehrlich v. CommonwealthCourt of Appeals of Kentucky · 1909
  4. State v. AndersonNew York Court of General Session of the Peace · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API