Legal Opinion

Risner v. Commonwealth

Court of Appeals of Kentucky

Decided May 10, 1894PublishedCited by 5 opinions

Cast: 91 — INDICTMENT APPEAL FROM MAGOFFIN CIRCUIT COURT. The jury that tried the ease was not selected and impaneled in the manner prescribed by law. As to whether tlie jury was secured in accordance with law, see chapter 210, jiage 948 of Acts 1891-2-8, and especially section 27 of article 4 of that Act.

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

Samuel Risner and Leander Risner were jointly indicted for murder and each convicted jof manslaughter, though the latter only appeals.

The only ground for reversal that we will consider or that, in our opinion, is sufficient to authorize reversal, is failure of the lower court to obtain the jury by whom they were tried in the mode prescribed by “An Act concerning juries,” which was approved May 22, 3893.

The transcript in this case is made out so unskillfully that we have had some difficulty in ascertaining precisely when and in what succession the…

2Cited by5 opinions

  1. In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
  2. Louisville & Nashville Railroad v. OwensCourt of Appeals of Kentucky · 1915
  3. Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901
  4. State ex rel. Murphy v. Superior Court for Whatcom CountyWashington Supreme Court · 1914
  5. L., H. & St. L. Ry. Co. v. SchwabCourt of Appeals of Kentucky · 1907

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