Commonwealth v. Moore
Court of Appeals of Kentucky
CASE 12. — PROSECUTION AGAINST JO'H-N MOORE AND ANOTHER FOR MURDER. Appeal from Knott Circuit Court. A. J. Kirk, Circuit Judge. Indictment dismissed and Commonwealth appeals.
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CASE 12. — PROSECUTION AGAINST JO'H-N MOORE AND ANOTHER FOR MURDER. Appeal from Knott Circuit Court. A. J. Kirk, Circuit Judge. Indictment dismissed and Commonwealth appeals. If appellees conspired and undertook to connect a felony— such as robbery — with murder, if necessary, it must be taken on principle that they reasonably contemplated such a result as that the assailed person would defend himself, if he could; and if in so doing he killed a third person the authority cited below, with good reason, indicates that the confederates are guilty of murder, although the killing of the third…
1Opinion of the Court
Opinion by
Judge Barker
Affirming.
The appellees, John Moore and John Kelly, were indicted by the grand jury of Knott county, charged with the offense of willful murder. As the question of law arising upon the face of the indictment has *98never been adjudicated in Kentucky, we give tlie indictment in its entirety: “The grand jury of Knott county, in the name and by the authority of the Commonwealth of Kentucky, accuse John Moore and John Kelly of the crime of willful murder committed as follows: The said defendants, on the 20th day of March, 1905, in the county and circuit aforesaid, did…
2Cited by38 opinions
- People v. WashingtonCalifornia Supreme Court · 1965
- Commonwealth v. RedlineSupreme Court of Pennsylvania · 1958
- Commonwealth Ex Rel. Smith v. MyersSupreme Court of Pennsylvania · 1970
- People v. FerlinCalifornia Supreme Court · 1928
- Commonwealth v. BalliroMassachusetts Supreme Judicial Court · 1965
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