Henry v. Commonwealth

JUDGE HARDIN

delivered the opinion of the court:

In May, 1863, an indictment for horse-stealing was found in the Harrison circuit court against John Jones and Ambrose Barnett, and afterwards, on the 3d day of May, 1864, neither of the defendants having been arrested, the following order was made: “ On motion of plaintiff by attorney, and the death of defendant Jones being suggested, it is ordered that this suit abate as to said Jones; and as to the defendant Barnett, this cause is filed away with leave.”

In November, 1865, the case was', by direction of the Commonwealth’s Attorney, reinstated on…