Gilbert v. Commonwealth

Opinion of the Court by

Drury, Commissioner —

Reversing.

Appellant, James Gilbert, was convicted of unlawfully carnally knowing Maude Middleton, a female under the age of sixteen years, and Ms punishment fixed at confinement in the state penitentiary for a period of ten years. The first indictment for this offense was returned December 2,1922. He was tried under this indictment on March 31,1923, and the jury failed to agree. On the 27th of August, 1923, the court made an order wherein it is recited that the indictment against appellant had been lost and the case was again referred to the grand…